McMakin v. Fowler
Supreme Court of South Carolina
Before Izlar, J., Spartanburg, This was an action by James McMakin against W. D. Fowler, commenced February 16, 1888. The opinion states the case. contended that the record in the former action contained no ambiguities and therefore must speak for itself, and parol evidence was inadmissible to show that issues raised by the pleadings were not in fact adjudicated; and cited Ilerm. Estop., §§ 111, 115, 121, 107, 108; 17 S. C.. 40, 189, 202; 19 Id., 159, 251; Freem.
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Before Izlar, J., Spartanburg, This was an action by James McMakin against W. D. Fowler, commenced February 16, 1888. The opinion states the case. contended that the record in the former action contained no ambiguities and therefore must speak for itself, and parol evidence was inadmissible to show that issues raised by the pleadings were not in fact adjudicated; and cited Ilerm. Estop., §§ 111, 115, 121, 107, 108; 17 S. C.. 40, 189, 202; 19 Id., 159, 251; Freem. Judg., §§.272, 273, 274; 1 Rich., 478; 6 Wait. Act. & Def., 786.
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
On the 6th day of November, 1884, the defendant executed five obligations in the form of promissory notes, whereby he promised “to pay” to the plaintiff good brick in the kiln at McMakin’s brick yard as follows, to wit, 100,000 on the 1st May, 1885, the same number on 1st October, 1885, the same number on 1st May, 1886, the same number on the 1st October, 1886, and fifty thousand on the 1st October, 1887. These obligations, though lacking one of the essential features of a promissory note, will, for convenience merely, be designated…
2Cases cited2 opinions
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3Cited by3 opinions
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- Doty v. Reed, SheriffSupreme Court of South Carolina · 1948
- Beaty v. Massachusetts Protective Ass'nSupreme Court of South Carolina · 1931