Cline v. Farmers' Oil Mill
Supreme Court of South Carolina
Before Mrmminger, "J., Cherokee, March, 1909. Action by H. S. Cline against Farmers’ Oil Mill. The reasons given by the trial Judge for refusing the motion for a new trial are: “The action was upon an instrument in writing in the nature of a promissory note, of which the following is a copy: 'Gaffney, S. C., August 24, 1908. The Farmers’ Oil Mill promises to pay to H. S. Cline one hundred and fifty dollars for one bay mare mule, by September 15, 1908. (Signed) Farmers’ Oil…
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Before Mrmminger, "J., Cherokee, March, 1909. Action by H. S. Cline against Farmers’ Oil Mill. The reasons given by the trial Judge for refusing the motion for a new trial are: “The action was upon an instrument in writing in the nature of a promissory note, of which the following is a copy: 'Gaffney, S. C., August 24, 1908. The Farmers’ Oil Mill promises to pay to H. S. Cline one hundred and fifty dollars for one bay mare mule, by September 15, 1908. (Signed) Farmers’ Oil Mill, by R. C. Sarratt, president and treasurer.’ “The answer admits the instrument, and sets up as a defense that the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are thus stated in the record:
“This is an action on an alleged promissory note, of which a copy is set out as an exhibit herein. On the trial of the case before Judge R. W. Memminger, after plaintiff had proved the execution and delivery of the note sued on, the defendant’s attorney commenced to cross-examine the plaintiff, who was a witness, on the stand, with reference to the matters set up in the answer of the defendant as a defense, whereupon the attorney for the plaintiff objected to the questions and answers, on the…
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