Legal Opinion

McGrath v. Barnes

Supreme Court of South Carolina

Decided March 25, 1880No. CASE No. 850PublishedCited by 1 opinion

Before Fraser, J., Anderson, February, 1879. This was an action commenced in April, 1877, by the plaintiffs against James T. Barnes, to charge him personally with the payment of the note set out in the opinion of the court. Plaintiffs had purchased the note from H. H. Scudday, for valuable consideration some time after its maturity.

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Before Fraser, J., Anderson, February, 1879. This was an action commenced in April, 1877, by the plaintiffs against James T. Barnes, to charge him personally with the payment of the note set out in the opinion of the court. Plaintiffs had purchased the note from H. H. Scudday, for valuable consideration some time after its maturity. The defence was that the defendant gave the note as executor of C. V. Barnes for balance struck upon a settlement of mutual accounts between Scudday and C. V. Barnes, upon express condition that any other accounts afterwards discovered, should be credited ; and if…

1Opinion of the Court

The opinion of the court was delivered by

Willard, C. J.

The action was upon the following promissory note:

“ $273.30.

Anderson, S. C., January 26th, 1875.

“.One day after date, I promise, as the executor of the estate of C. "V. Barnes, to pay H. H. Scudday, or bearer, the sum of two hundred and seventy-three 30-100 dollars, due by said estate to H. H. Scudday for medical service rendered, most of which during last illness.

(Signed,) “Jas. T. Barnes, Executor.”

Evidence was admitted, subject to objection, tending to show that the note was given in pursuance of an agreement that the payment of the…

2Cases cited2 opinions

  1. Bank of Troy v. ToppingNew York Supreme Court · 1832
  2. Walker v. PattersonSupreme Judicial Court of Maine · 1853

3Cited by1 opinion

  1. Carpenter v. LindauerNew Mexico Supreme Court · 1904

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