Burns v. Goddard
Supreme Court of South Carolina
Before Townsend, J., Greenville, summer term, 1904. Action by S. A. Burns against J. W. Goddard. From judgment for defendant, plaintiff appeals. cites: Delivery to carrier is delivery to buyer: 24 Ency., 1071; Benj. on Sales, 4 Am. ed., secs. 1040, 1049, and notes 1, 23, 517, 578, 516, 489, 490. Charge that one fact tends to establish another is error: 63 S. C., 494; 59 S. W., 626, 887; Blash. on Inst to' Juries, secs. 108, 109; 40 Mo., 151. Judge should fully instruct jury:…
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Before Townsend, J., Greenville, summer term, 1904. Action by S. A. Burns against J. W. Goddard. From judgment for defendant, plaintiff appeals. cites: Delivery to carrier is delivery to buyer: 24 Ency., 1071; Benj. on Sales, 4 Am. ed., secs. 1040, 1049, and notes 1, 23, 517, 578, 516, 489, 490. Charge that one fact tends to establish another is error: 63 S. C., 494; 59 S. W., 626, 887; Blash. on Inst to' Juries, secs. 108, 109; 40 Mo., 151. Judge should fully instruct jury: 58 S. C., 94; Blash. on Inst, to Juries, sec. 127. Jury should be instructed as to burden of proof: Blash. on Inst, to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
In this case the payee sues the maker upon a promissory note for $175, dated December 19th, 1902, and due April 1st, 1903. The answer alleged as defenses a total failure of consideration and that the note was obtained by false and fraudulent representations. The note in question was part of a transaction between the parties, in which Burns executed to Goddard an instrument granting the exclusive right to use, and sublease to others the right to use, the Shannon Axle Cutter from December 19th, 1902, to April 4th, 1906, in the county of…
2Cases cited3 opinions
- Crosswell v. Connecticut Ind. Ass'nSupreme Court of South Carolina · 1898
- State v. StillSupreme Court of South Carolina · 1903
- Vann v. HowleSupreme Court of South Carolina · 1895
3Cited by9 opinions
- Harrison v. Atlantic Coast Line R.Supreme Court of South Carolina · 1941
- Newell Contracting Co. v. BlankenshipSupreme Court of South Carolina · 1924
- South Carolina Power Co. v. BakerSupreme Court of South Carolina · 1948
- Chandler v. People's National BankSupreme Court of South Carolina · 1927
- Graham v. Allen & Nelson Mill Co.Washington Supreme Court · 1914
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