Welch v. Clifton Mfg. Co.
Supreme Court of South Carolina
Before Benet, J., Spartanburg, April, 1898. Action by James S. Welch against The Clifton Manufacturing Company. From judgment for plaintiff, defendant appeals. cite: Evidence as. to other post-dated checks improper: 24 S. S., 366. Plaintiff is estopped from maintaining this action by having received a post-dated check: 6 N. W. R., 131. Error to charge a principle of law as applicable when it is not: Thomson v. Sexton, 15 S. C. Not necessary to request a charge upon an issue…
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Before Benet, J., Spartanburg, April, 1898. Action by James S. Welch against The Clifton Manufacturing Company. From judgment for plaintiff, defendant appeals. cite: Evidence as. to other post-dated checks improper: 24 S. S., 366. Plaintiff is estopped from maintaining this action by having received a post-dated check: 6 N. W. R., 131. Error to charge a principle of law as applicable when it is not: Thomson v. Sexton, 15 S. C. Not necessary to request a charge upon an issue fairly raised: 52 S. C., 539. The latter cite: Agency and its scope will be implied from facts and circumstances, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This was an action began on the 15th day of February, 1897. The leading characteristics and principles of law are the same in the case at bar with those involved by the action of Bank of Union v. The Clifton Manufacturing Company, which latter we have just decided, and we might rely upon that decision as authority for sustaining the judgment here; but probably the exceptions being different, it may be as well for us to pass upon them anew, with even the risk of repetition. The history of the case may be thus stated: In December, 1896,…
2Cited by5 opinions
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- Holder v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1936
- Roberts v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1909
- Savings Bank v. Alexander Sprunt & SonSupreme Court of South Carolina · 1910