Jones v. Garlington
Supreme Court of South Carolina
Before Fraser, J., Spartanburg, July, 1894: Action by W. M. Jones against J. O. Garlington on the following complaint: ■ The plaintiff, complaining of the defendant in the above stated case, alleges: 1. That heretofore the defendant executed to plaintiff his promissory note in writing, dated March 1, 1892, by which he bound himself to pay to plaintiff the sum of $500, with interest from March 1, 1892, at eight per cent, per annum, according to the terms of said note, a copy…
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Before Fraser, J., Spartanburg, July, 1894: Action by W. M. Jones against J. O. Garlington on the following complaint: ■ The plaintiff, complaining of the defendant in the above stated case, alleges: 1. That heretofore the defendant executed to plaintiff his promissory note in writing, dated March 1, 1892, by which he bound himself to pay to plaintiff the sum of $500, with interest from March 1, 1892, at eight per cent, per annum, according to the terms of said note, a copy of which is as follows: “Spartanburg, S. C., March 1,1892. For value received I promise to pay to Wm. M. Jones, or…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Gary.
For a proper understanding of this case, it will be necessary to set forth the plaintiff’s complaint in the report of the case.. The defendant set up in his answer to the said complaint the defence of a failure of consideration. The cause was heard by his honor, Judge Fraser, and when the pleadings were read, the plaintiff demurred to the answer, on the ground that it did not state facts sufficient to constitute a defence. The demurrer was sustained and the answer struck out.
The testimony and the other proceedings were as follows: W.…
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