Legal Opinion

Wilson v. Palmetto National Bank of Columbia

Supreme Court of South Carolina

Decided January 26, 1920No. 10332PublishedCited by 7 opinions

Action by J. W. Wilson against the Palmetto National Bank of Columbia. Prom judgment for plaintiff, defendant appeals. submit: That it was error to admit in evidence, over defendant’s objection, a certain letter written by plaintiff’s attorney to defendant, the error being that it was U mere self-serving declaration on the part of plaintiff: 97 S. E. 843. That his Honor erred when he instructed the jury to find a verdict for substantial damages, “temperate in amount,” when…

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Action by J. W. Wilson against the Palmetto National Bank of Columbia. Prom judgment for plaintiff, defendant appeals. submit: That it was error to admit in evidence, over defendant’s objection, a certain letter written by plaintiff’s attorney to defendant, the error being that it was U mere self-serving declaration on the part of plaintiff: 97 S. E. 843. That his Honor erred when he instructed the jury to find a verdict for substantial damages, “temperate in amount,” when he should have charged them to find a verdict for “temperate” damages: 74 S. C. 185; 23 S. E. (Ga.) 191; 3 A. & E. Ency.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appeals from judgment for plaintiff for $250 damages awarded to plaintiff by a jury of Richland County Court for the refusal of defendant to pay a check drawn by plaintiff on defendant, notwithstanding plaintiff had on deposit sufficient funds to pay the same.

The refusal to pay the check was the result of a mistake brought about in this way: Plaintiff had an account with defendant in 1917, and had checked out all the funds to his credit, except one dollar. On October 18, 1918, he deposited $100. The existing account was…

2Cases cited1 opinion

  1. Lorick v. Palmetto Bank & Trust Co.Supreme Court of South Carolina · 1906

3Cited by7 opinions

  1. Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
  2. MacRum v. Security Trust & Savings Co.Supreme Court of Alabama · 1930
  3. St. Charles Mercantile Co. v. Armour & Co.Supreme Court of South Carolina · 1930
  4. Williamson v. PikeSupreme Court of South Carolina · 1927
  5. Lee v. McCrory Stores CorporationSupreme Court of South Carolina · 1921

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