Columbia Sav. Bank & Trust Co. v. True
Supreme Court of South Carolina
Before Mauldin, J., Columbia, April, 1916. Suits by the Columbia Savings Bank & Trust Company against Thurston W. True, B. H. Carlton and others, and by the Century Building & Loan Association against Aaron David, Thurston W. True, B. H. Carlton and others. From the decree, the Columbia Savings Bank & Trust Company and unnamed defendants, appeal.
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Before Mauldin, J., Columbia, April, 1916. Suits by the Columbia Savings Bank & Trust Company against Thurston W. True, B. H. Carlton and others, and by the Century Building & Loan Association against Aaron David, Thurston W. True, B. H. Carlton and others. From the decree, the Columbia Savings Bank & Trust Company and unnamed defendants, appeal. Columbia Savings Bank & Trust Co., and Mr. James S. Verner, for R. Leon Shull, appellant, submit: In an action for the cancellation of an instrument on the ground of fraud and deceit, the plaintiff must prove that the defendant made a false statement…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal by plaintiffs and defendants, Berry, Bethea and Shull, from a decree made and filed by his Honor, Judge Mauldin, in the above cases, which were two different cases, but consolidated and heard by his Honor as one case.
After issues joined, it was referred to the master for Richland county to hear and determine the issues of law and fact and report to the Court. The master made his report and overruled the contention of the defendants, Carlton and True, and récommended judgment against them for the amount of the…
2Cases cited4 opinions
- Ruberg v. BrownSupreme Court of South Carolina · 1897
- Godfrey v. E. P. Burton Lumber Co.Supreme Court of South Carolina · 1911
- Hickson v. EarlySupreme Court of South Carolina · 1901
- Willcox v. PriesterSupreme Court of South Carolina · 1904
3Cited by2 opinions
- State Ex Rel. Phillips v. FordMontana Supreme Court · 1944
- Griffin v. HeinitshDistrict Court, D. South Carolina · 1970