McCord v. Blackwell
Supreme Court of South Carolina
Before Witherspoon, J., Edgefield, November, 1887. This was an action by Z. McCord and L. F.’ McCord, as Z. McCord. & Son, against J. P. Blackwell, as administrator of Martha Blackwell, deceased. The charge to the jury was as follows : It is alleged by the defendant that Mrs. Martha Blackwell, at the time of the alleged execution of this note, was a married woman, and according to the uncontradicted proof she was a married. woman.
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Before Witherspoon, J., Edgefield, November, 1887. This was an action by Z. McCord and L. F.’ McCord, as Z. McCord. & Son, against J. P. Blackwell, as administrator of Martha Blackwell, deceased. The charge to the jury was as follows : It is alleged by the defendant that Mrs. Martha Blackwell, at the time of the alleged execution of this note, was a married woman, and according to the uncontradicted proof she was a married. woman. Now, the question for you to determine is, first, whether or not she signed that note — the note in suit — because it is denied by the defendant that she signed it.…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The plaintiffs bring this action upon a note bearing date December 10, 1885, payable to the plaintiffs, one day after its date, at any banking house in Augusta, for the *135sum of one thousand and sixty-four 75-100 dollars, which note is alleged to have been executed by defendant’s intestate, Martha Blackwell. The only real defence interposed was that she, being a married woman at the time, had no power to make the contract in question. The plaintiffs, as was necessary, assumed the burden of showing that the contract was made in…
2Cited by1 opinion
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