Smith v. Caldwell
Court of Appeals of South Carolina
BEFORE MOSES, J., AT RICHLAND, SPRING TERM, 1868. The following is taken from the brief of appellants’ counsel, and immediately preceded the report of the presiding Judge: Copy of Note. $2,000. Columbia, 7th July, 1855. One day after date, we, or either of ns, promise to pay to Miss Sarah Huffman, or bearer, two thousand dollars for value received with interest from date. (Signed) C. Neuffer, Principal. (Signed) John Caldwell, Security. Credit Endorsed on Note.
Read the full summary
BEFORE MOSES, J., AT RICHLAND, SPRING TERM, 1868. The following is taken from the brief of appellants’ counsel, and immediately preceded the report of the presiding Judge: Copy of Note. $2,000. Columbia, 7th July, 1855. One day after date, we, or either of ns, promise to pay to Miss Sarah Huffman, or bearer, two thousand dollars for value received with interest from date. (Signed) C. Neuffer, Principal. (Signed) John Caldwell, Security. Credit Endorsed on Note. Interest paid up to July 7, 1856, being one hundred and forty dollars.' July 24, 1856. (Signed) J. N. Huffman, (Signed) Sarah II.…
1Opinion of the Court
The opinion of the Court was delivered by
Wardlaw, A. J.
A promissory note for $2,000, dated July 7th, 1855, payable to Miss Huffman, now the wife of S. M. Smith, one day after date, was signed “ C. Neuffer principal, 'John Caldwell security.” Neuffer paid $140 July 24th, 1856, and $1,800 March, 1860. Neuffer died. The statute of limitations was in 1861 suspended, and the suspension' continued throughout the late war. In October, 1866, this suit was commenced against Caldwell. The declaration is against Caldwell upon his several promise, just as it would have been if he had been sole maker of…
2Cases cited3 opinions
- Hunter v. RobertsonSupreme Court of Georgia · 1860
- Cox v. BaileySupreme Court of Georgia · 1851
- Tillinghast v. Nourse, Stone & Co.Supreme Court of Georgia · 1854