McNair v. Moore
Supreme Court of South Carolina
Before Watts, J.’, Marlboro,' October, 1898. Action on note by John T. McNair against James G. Moore, executor of Henry Moore.' From order sustaining demurrer to answer, defendant appeals. cite: Holder of note can only recover principal, when maker is at place of payment on date of maturity offering to pay: 13 Pet., 150; 11 Wheat., 175; 17 Johns, 24; 6 Whar., 330; 6 Barb., 258; 2 S. C., 253; 3 Rich., 313. Where no place of payment is named in note, it is payable at regular…
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Before Watts, J.’, Marlboro,' October, 1898. Action on note by John T. McNair against James G. Moore, executor of Henry Moore.' From order sustaining demurrer to answer, defendant appeals. cite: Holder of note can only recover principal, when maker is at place of payment on date of maturity offering to pay: 13 Pet., 150; 11 Wheat., 175; 17 Johns, 24; 6 Whar., 330; 6 Barb., 258; 2 S. C., 253; 3 Rich., 313. Where no place of payment is named in note, it is payable at regular place of business or home of maker: 3 McC., 395; Harp., 530. cites: Not necessary to allege that note payable at a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
*4381 *436The action' in this case was brought to recover the balance due on a note, bearing date the 23d March, 1896, whereby the defendant promised to pay to the order of Mrs. Jennie M. Pegues, on or before the first day of January next, after said date, the sum of $1,500, with interest after maturity at the rate of eight per cent, per annum, until fully paid, and was dated at Bennettsville, S. C. The complaint was in the usual form, and alleged that the payee, before maturity, indorsed the same to plaintiff for value received; and…
2Cases cited1 opinion
- Wallace v. McConnellSupreme Court of the United States · 1839
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