Arnold v. Bailey
Supreme Court of South Carolina
Before Pressley, J., Abbeville, February, 1885. Mr. Justice McGowan having been of counsel in this case, his seat in this court was occupied by Judge Fraser of the Third Circuit.
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Before Pressley, J., Abbeville, February, 1885. Mr. Justice McGowan having been of counsel in this case, his seat in this court was occupied by Judge Fraser of the Third Circuit. James Bailey, the defendant, having made an assignment for the benefit of his creditors on January 14,1867, wrote to Francis Arnold, the plaintiff, one of his creditors, the following letter, as ■printed in the brief: Madison C. H., Fla., Feb. 2, 1867. Mr. Francis Arnold: I have yours of 19th January. I intended to pay you one-half of the amount due you, and intended to do so. I sold my own property at a sacrifice…
1Opinion of the Court
The opinion of the court ivas delivered by
Mr. Justice Fraser.
These cases were tried together. The cases come to this court on exceptions to the admission of testimony, and also to the charge of the presiding judge. Defendant appeals. Only so much of the facts'will be here stated as will be necessary to explain the questions presented to this court.
On September 19,1856, Bailey & Oo. gave to plaintiff a sealed note, payable at one day, for $1,771.43, and on July 1, 1859, Bailey & Connor gave to plaintiff- a sealed note, payable at one day, for $2,800. The defendant, James Bailey, was a member…
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