Legal Opinion

Smith Sons Gin & MacHine Co. v. Badham

Supreme Court of South Carolina

Decided July 24, 1908No. 6971PublishedCited by 3 opinions

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

  1. Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
  2. White v. HarrisSupreme Court of South Carolina · 1904
  3. Green v. SpiresSupreme Court of South Carolina · 1905

3Cited by3 opinions

  1. First National Bank v. BadhamSupreme Court of South Carolina · 1910
  2. Bank of Enoree v. YarboroughSupreme Court of South Carolina · 1922
  3. First National Bank v. BadhamSupreme Court of South Carolina · 1910

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