Course v. Administratrix of Shackleford
Supreme Court of South Carolina
Tried before Mr. Justice Nott, Spring Term, 1819, at Georgetown. This action was brought on the endorsement of a note of hand, given by Davis & Evans, the 18th of ^'July, 1809, to William M'Kenzie, or order, paya-2841 ble sixty days after date. * W It was endorsed in blank, by William M’Kenzie to Robert Oooper, and in April, 1810, came into the hands of defendant’s intestate by delivery, and not by the endorsement of the then holder, In the fall of the same year, defendant’s…
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Tried before Mr. Justice Nott, Spring Term, 1819, at Georgetown. This action was brought on the endorsement of a note of hand, given by Davis & Evans, the 18th of ^'July, 1809, to William M'Kenzie, or order, paya-2841 ble sixty days after date. * W It was endorsed in blank, by William M’Kenzie to Robert Oooper, and in April, 1810, came into the hands of defendant’s intestate by delivery, and not by the endorsement of the then holder, In the fall of the same year, defendant’s intestate endorsed it to the plaintiffs. Robert Oooper swore, that Davis & Evans failed some time in the year 1810,…
1Opinion of the Court
*543*The opinion of the Court was delivered by [*285
Nott, J.
The first ground in this case appears to be bottomed on a dictum which has somehow found its way into our Courts, that a note over due, has lost its negotiable qualities; aud that the Court is not to be governed by the same rules of decisions with regard to it as in other cases of negotiable instruments. But that opinion I think to be founded in error ; I can find no case in support of it, neither can I see any good foundation for it in principle. It appears to me to be an unauthorized inference drawn from the rule laid down in the case of…
2Cited by3 opinions
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Bemis v. McKenzieSupreme Court of Florida · 1869
- Brown v. McWhiteSupreme Court of South Carolina · 1889