Exchange Bank v. McMillan
Supreme Court of South Carolina
Before W. C. Benet, Special Judge, Marion, April, 1906. Action 'by Exchange Bank of Fort Valley, Ga. against John P. McMillan' et al.
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Before W. C. Benet, Special Judge, Marion, April, 1906. Action 'by Exchange Bank of Fort Valley, Ga. against John P. McMillan' et al. From judgment for plaintiff, 'defendants appeal. cite: As to disdffirmance of contract made during minority: 16- Stat., 514; Code, 1902, 2656; Speers Eq., 385; 54 Miss., 323; 16 N. H., 385; 23 Me., 517; 69 N. Y., 553; 29 S. C., 419; 36 S. C., 549; 51 S.1C., 467; 60 S. C, 380; 11 A. & E., 934; 1 Exch., 122; 10 Exck, 206; 3 Reed S'tat Frauds, secs. 1110, 1112. The law of this State governs: 3 H. E. Cas,, 1; 14 Eng. E. & Eq., 247; Story on Conf. of Eaws, 827;…
1Opinion of the Court
April 19, 1907. The opinion of the Court was delivered by This action was brought in the Court of Common Pleas for Marion County against the defendants for judgment upon four notes and for the foreclosure of a mortgage securing the same, executed by the defendants, J.P. McMillan, W.A. McMillan and J. Sydney McMillan, embracing their interests in certain lands in Marion County, this State. Upon the trial W.A. McMillan was discharged of liability, so he is out of the case. The notes are dated 22d November, 1897, and payable to the order of the plaintiff at the Exchange Bank of Fort Valley, Ga.,…
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