Legal Opinion

Freeman v. Bailey

Supreme Court of South Carolina

Decided August 20, 1897PublishedCited by 4 opinions

Before ■ Witherspoon, J., Greenville, December, 1896. Action by the bondsmen of P. W. B. Freeman, as judge of probate for Greenville County, against John C. Bailey, probate judge of said county, and public guardian, The American Bank, and Daura G. Bailey, et a!., of whom The American Bank and Daura G. Bailey are appellants and John C. Bailey, judge of probate, respondent. cites: Note not nonnegotiable after maturity, but transferee takes it subject to inherent infirmities:…

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Before ■ Witherspoon, J., Greenville, December, 1896. Action by the bondsmen of P. W. B. Freeman, as judge of probate for Greenville County, against John C. Bailey, probate judge of said county, and public guardian, The American Bank, and Daura G. Bailey, et a!., of whom The American Bank and Daura G. Bailey are appellants and John C. Bailey, judge of probate, respondent. cites: Note not nonnegotiable after maturity, but transferee takes it subject to inherent infirmities: 17 S. E. R., 791; 3 McC., 549; 2 Bail., 354; 13 S. C., 163; 13 Rich. Eq., 324. Wards no title to notes: 5 Strob., 72;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The following is a copy of the decree from which the appeal is taken: “It appears that on the day of March, 1894, P. W. B. Freeman, late probate judge of the county of Greenville, absconded,'having embezzled many thousand dollars of the funds in his hands as probate judge and public guardian. Very soon after his departure, his successor in office, John C. Bailey, instituted an action in the Court of Common Pleas for Greenville County, to recover of the bondsmen of the said Freeman the amount of their bonds. This action was entitled…

2Cited by4 opinions

  1. Neal v. ClarkSupreme Court of South Carolina · 1942
  2. Newhouse v. First Nat. Bank of ChicagoDistrict Court, N.D. Illinois · 1926
  3. Neely v. LoveSupreme Court of South Carolina · 1928
  4. Neely v. LoveSupreme Court of South Carolina · 1928

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