Lenhardt v. French
Supreme Court of South Carolina
Before Townsend, J., Greenville, April term, 1899. Action by Richard Lenhardt and W. R. Berry, administrators of A. J. French, against Jesse L. French. From order striking out defendant’s counter-claim, he appeals.
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Before Townsend, J., Greenville, April term, 1899. Action by Richard Lenhardt and W. R. Berry, administrators of A. J. French, against Jesse L. French. From order striking out defendant’s counter-claim, he appeals. As to counter-claim: Code, 172, sub. 2; 1 Mill, 393; 2 Hill, 340; 12 S. C., 45; 21 Wall., 302; 17 Wall., 207; 11 S. C., 337; Code, 163, sub. 2; 8 S. C., 103. As to Stat. of Limitations: 4 S. C., 257; 13 S. C., 379; 18 S. c., 526; 19 S. C., 477; 23 S. C., 411; 33 S. C., 28; 21 Wall., 346; 2 McC., 426; 34 S. C., 147; 40 S. C., 435; Code, 112, sub. 6; 120 Wall., 130. As to the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pore.
Paragraphs 1, 2, 3, 4 of the complaint allege that Mrs. A. J. French died intestate in April, 1898; that the plaintiffs were appointed her administrators in May, 1898; that defendant is a resident of Greenville County, S. C.; and that the defendant, on the 20th February, 1890, made his promissory note, whereby he obligated himself to pay to A. J. French $600, with eight per cent, interest, on or before 1st October, 1890, but that he had only paid $100 on said note on the 19th day of November, 1895. All of which allegations were…
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