Legal Opinion

Lee v. Boykin

Supreme Court of South Carolina

Decided July 26, 1920No. 10485PublishedCited by 5 opinions

Before Moore, J., Kershaw, December, 1919. Action for contribution on ten promissory notes by J. B. Lee, V. M. Montgomery, A. F. McKissick, Aug. W. Smith and Sigo Myers against L. W. Boykin.

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Before Moore, J., Kershaw, December, 1919. Action for contribution on ten promissory notes by J. B. Lee, V. M. Montgomery, A. F. McKissick, Aug. W. Smith and Sigo Myers against L. W. Boykin. From judgment for plaintiffs, the defendant appeals. cite: Plaintiffs and defendants were endorsers of company’s notes: 16 L. R. A. 143 (N. J.) ; 45 S. C. 373; 23 S. C. 139. Distinction between corporation and its stockholders is clearly drawn: 96 S. C. 106. And indorsement of company notes by stockholders is an accommodation endorsement: 170 Fed. 434; 174 Fed. 72. Understanding between plaintiffs as to…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The plaintiffs and the defendant wrote their names in succession on the back of 10 notes, and the question at issue is their relationship one to another thereabout. We shall ’ refer to them as the signers, for indorsers has a technical meaning.

The plaintiffs paid the notes. The defendant refuses to pay, because his name was last written on the note; and he now refuses to contribute, to which end this action was brought. The transaction was had before the enactment of the statute governing negotiable instruments. The master found the…

2Cases cited3 opinions

  1. McDonald v. MagruderSupreme Court of the United States · 1830
  2. Johnston v. McDonaldSupreme Court of South Carolina · 1894
  3. Porter v. HuieSupreme Court of Arkansas · 1910

3Cited by5 opinions

  1. Case v. McKinnisOregon Supreme Court · 1923
  2. Anderson v. BorderMontana Supreme Court · 1926
  3. Mann v. Bradshaw's Adm'rSupreme Court of Virginia · 1923
  4. Jaronko v. CzerwinskiSupreme Court of Connecticut · 1933
  5. Hunn v. LewisCourt of Appeals for the Eighth Circuit · 1928

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