Hill v. Hill
Supreme Court of South Carolina
Before BENET, J., Spartanburg, July, 1895. Action by W. A. and B. F. Hill, as administrators of J. B. Hill, v. W. C. Hill, on promissory note. Judgment for plaintiffs.
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Before BENET, J., Spartanburg, July, 1895. Action by W. A. and B. F. Hill, as administrators of J. B. Hill, v. W. C. Hill, on promissory note. Judgment for plaintiffs. Defendant appeals. cite: Two causes of action, the note and the new promise, are inconsistent: 33 S. C., 509; 35 S. C., 613. Additionalgroitnds for sustaining a ruling will not be considered in a law case: 23 S. C., 105; 33 S. C., 509. Note barred according to allegations of complaint: 42 S. C., 114. Error for Court to decide if the letters were stiff,cient to make tip a new promise: 35 S. C., 31; 40 S. C., 322. cite: Error to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action, commenced June 21st, 1894, was to recover a debt originally evidenced by a promissory note executed by the defendant to the plaintiffs’ intestate, J. E. Hill, April 27th, 1885, for $3,915.86, payable one day after its date. The complaint declared on the note, credited February 18, 1888, with two credits, aggregating $587.94, as a first cause of action; and as a second cause of action, alleged (1) the execution of the note; (2) the payments aggregating $587.94, February 18, 1888, and the promise by defendant to pay…
2Cases cited3 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- A. M. Sloan & Co. v. McDowellSupreme Court of North Carolina · 1876
- State v. FuentesSupreme Court of Louisiana · 1850
3Cited by6 opinions
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- In re VaughnUnited States Bankruptcy Court, D. South Carolina · 2015
- Beneke v. TuckerOregon Supreme Court · 1918
- Board of Directors v. LowranceSupreme Court of South Carolina · 1919
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