Legal Opinion

Fretwell v. Carter

Supreme Court of South Carolina

Decided December 4, 1908No. 6717PublishedCited by 8 opinions

Before DanTzler, J., Laurens, summer term, 1906. Action by Joseph J. Eretwell, survivor of Bleckley & BYetwell, against Ellen A Carter et al. From judgment for defendant, plaintiff appeals. cite: What are the liabilities of the respective parties defendant to this action: 1 Dan. on Neg.

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Before DanTzler, J., Laurens, summer term, 1906. Action by Joseph J. Eretwell, survivor of Bleckley & BYetwell, against Ellen A Carter et al. From judgment for defendant, plaintiff appeals. cite: What are the liabilities of the respective parties defendant to this action: 1 Dan. on Neg. Inst, secs. 769, 717, 641, 669, 738; 4 Ency., 478. Under the mortgages, the mortgagees had the right to sell the property in Anderson County: Code, 1903, 8004; 38 S. C., 355. . Defendants are liable as indorsers: 2 McC., 389; 3 Bail., 457; 5 Rich. D., 537. Note blank as to payee is payable to bearer: 3 McC.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff, as sole survivor of Bleckley & Fretwell, brought this action to recover upon two promissory notes, each for $100.00; dated February 3, 1897, and payable, respectively, November 1 and November 15, 1897. The complaint alleged the execution a.nd delivery of the notes by defendant Ellen A. Carter to Z. Carter, and that defendants George S. McCravy, J. H. Wharton and J. T. Crane, before the delivery of said notes and for the accommodation of Ellen A. Carter, indorsed said notes by writing their names across the back thereof,…

2Cases cited2 opinions

  1. Helms v. Wayne Agricultural Co.Indiana Supreme Court · 1881
  2. Darnall & Susong v. DarlingtonSupreme Court of South Carolina · 1888

3Cited by8 opinions

  1. Simpson v. First Nat. BankOregon Supreme Court · 1919
  2. Castell v. Stephenson Finance Co.Supreme Court of South Carolina · 1964
  3. Citizens Trust & Savings Bank v. StackhouseSupreme Court of South Carolina · 1912
  4. Peretzman v. BorochoffCourt of Appeals of Georgia · 1938
  5. Brown v. New York Life Ins. Co.District Court, W.D. South Carolina · 1938

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