Kaphan v. Ryan
Supreme Court of South Carolina
Before Thomson, J., Barnwell, October, 18,80. Both of the actions above stated, were commenced in Januáry, 1880, the'first on the 7th, the second on the 17th.
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Before Thomson, J., Barnwell, October, 18,80. Both of the actions above stated, were commenced in Januáry, 1880, the'first on the 7th, the second on the 17th. The note of April 17th, 1874, referred to in the opinion, was as follows: $1,000. Allendale, S. C., April 17tli, 1874. On the first day of November next we, or either of us, promise to pay to W. K. Byan, or bearer, the sum of one thousand dollars, value received. » M. Kaphan. [l. s.] I. Kaphan. [l. s.J The condition of the mortgage was “that if we, the said Manheim Kaphan and Ida Kaphan, do and shall well and truly pay, or cause to be…
1Opinion of the Court
The opinion of the court was delivered by
McGowan, A. J.
On April 17th, 1874, Manheim Kaphan, and Ida Kaphan, his wife, executed a note to W. K. Byan, *354factor, of Charleston, for $1,000, payable November 1st, 1874, and to secure the same mortgaged certain lots in the village of Allendale, Barnwell county. It is now alleged by the mortgagors that the note has been paid in full, and the first case stated in the caption was to compel satisfaction of the mortgage and for a penalty of $500 against the mortgagee for refusing to .satisfy the same under Ch. LXXXII., § 21, Gen. Stat. 428. The mortgagee…
2Cases cited1 opinion
- Jacob Lewis v. GrayMassachusetts Supreme Judicial Court · 1805