Bank of Johnston v. Fripp
Supreme Court of South Carolina
Before DeVorE, J., Edgefield, The Bank of Johnston, plaintiff-respondent, against W. C. Fripp, William Weston and E. C. E. Adams, defendants-appellants, and J. H. White, defendant; Action by payee of a promissory note against the makers of a past due promissory note. From an order striking out certain allegations of an answer as sham and giving judgment against them, the defendants appeal.
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Before DeVorE, J., Edgefield, The Bank of Johnston, plaintiff-respondent, against W. C. Fripp, William Weston and E. C. E. Adams, defendants-appellants, and J. H. White, defendant; Action by payee of a promissory note against the makers of a past due promissory note. From an order striking out certain allegations of an answer as sham and giving judgment against them, the defendants appeal. The fourth paragraph of the complaint was as follows: The other facts are stated in the order' of the Circuit Judge, substantially as follows: The matter herein comes up before me upon two notices of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is an appeal from an order striking out certain allegations of the answers on the ground that they were sham, and in allowing the plaintiff to apply for judgment by default.
The riding of his Honor, the presiding Judge, is fully sustained by the cases of Germofert Co. v. Castles, 97 S. C. 398, 81 S. E. 665, and Interstate Ch. Cor. v. Farmington Cor., 100 S. C. 196, 84 S. E. 710.
Appeal dismissed.
2Cases cited2 opinions
- Germofert Mfg. Co. v. CastlesSupreme Court of South Carolina · 1914
- Interstate Chemical Corp. v. Farmington Corp.Supreme Court of South Carolina · 1915
3Cited by9 opinions
- Adams v. FrippSupreme Court of South Carolina · 1917
- Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
- Burkhalter v. TownsendSupreme Court of South Carolina · 1927
- Etiwan Fertilizer Co. v. JonesSupreme Court of South Carolina · 1943
- Bank of Fort Mill v. RollinsSupreme Court of South Carolina · 1950
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