Smith Sons Gin & MacHine Co. v. Badham
Supreme Court of South Carolina
Before J. P. Carey, special Judge, Richland, April, 1905. Action by Smith Sons Gin and Machine Company against V. C. Badham.
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Before J. P. Carey, special Judge, Richland, April, 1905. Action by Smith Sons Gin and Machine Company against V. C. Badham. Prom order overruling demurrer, defendant appeals. cites: The note is nonnegotiable: 4 Ency., 1, 81; 28 S. C., 504; 48 S. C., 308; 41 S. C., 81; 69 S. C., 65; 71 S. C., 107; 63 S. C., 433. Judgment affirmed by divided court is judgment of Supreme Court: 62 S. C., 469. If yo, indorsement and delivery only constitutes an assignment: 7 Rich., 12; 1 Hill, 56; 3 McC., 236; 12 Rich., 31; 10 Am. Dec., 554; 44 Pa. St, 454; 4 Watts, 400; 34 Am. Dec., 558; 39 Am. Dec., 158; 95…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action on a written instrument, alleged in the complaint to be a promissory note, made to the defendant as payee, and indorsed by him, in blank, to the plaintiff, before maturity.
There was a demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, but it was overruled.
After setting forth the corporate existence of the plaintiff, the complaint alleges the following facts:
“That on September the 1st, 1898, one S. C. Starr made and delivered to the defendant herein his…
2Cases cited3 opinions
- Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
- White v. HarrisSupreme Court of South Carolina · 1904
- Green v. SpiresSupreme Court of South Carolina · 1905
3Cited by3 opinions
- First National Bank v. BadhamSupreme Court of South Carolina · 1910
- Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
- First National Bank v. BadhamSupreme Court of South Carolina · 1910