Matheson v. Caribo
Supreme Court of South Carolina
Before Moore, J., Marlboro. Action by J. J. and G. D. Matheson against Jas. H. Caribo and Julian McLaurin as administrator of M. J. Hood, deceased. From directed verdict in favor of the defendant McLaurin, as administrator, the plaintiffs appeal. cites: Directed verdict improper where there is any evidence: 98 S. C. 282; Necessary proof of signature: 11 S. C. 444; 62 S..C. 244, Not necessary to prove a mark by subscribing witness: 20 S. C. 570; 11 Enc.
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Before Moore, J., Marlboro. Action by J. J. and G. D. Matheson against Jas. H. Caribo and Julian McLaurin as administrator of M. J. Hood, deceased. From directed verdict in favor of the defendant McLaurin, as administrator, the plaintiffs appeal. cites: Directed verdict improper where there is any evidence: 98 S. C. 282; Necessary proof of signature: 11 S. C. 444; 62 S..C. 244, Not necessary to prove a mark by subscribing witness: 20 S. C. 570; 11 Enc. Eaw (2d Ed.) 598; Jones Evid. Sec. 527-537. Admitted signature to check signed simultaneously is strong circumstance to corroborate signature…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
1 I think that under the evidence in this case the issue of fact as to the indorsement by Mrs. Hood of the Caribo note should have been submitted to the jury, and for that reason I dissent from the judgment of the Court, approving the Circuit Judge’s direction of a verdict in favor of the defendant.
2 The rule is. well established that the Circuit Judge should direct a verdict in those instances only where reasonable minds could draw but one inference from the evidence; this of course would occur where there is an entire absence of…
2Cases cited6 opinions
- Gable v. RauchSupreme Court of South Carolina · 1897
- Northrop v. Columbian Lumber Co.Court of Appeals for the Fifth Circuit · 1911
- Merck v. MerckSupreme Court of South Carolina · 1911
- Buchanan v. Simpson Grocery Co.Supreme Court of Georgia · 1898
- Swancey v. ParrishSupreme Court of South Carolina · 1902
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3Cited by4 opinions
- State v. EichholtzIndiana Court of Appeals · 2001
- Jackson v. JacksonSupreme Court of South Carolina · 1959
- Southwest Bitulithic Co. v. MartinezTexas Supreme Court · 1940
- Southwest Bitulithic Co. v. MartinezTexas Commission of Appeals · 1940