Legal Opinion

Hutzler Bros. v. Phillips

Supreme Court of South Carolina

Decided February 19, 1887PublishedCited by 6 opinions

Before Fraser, J., Darlington, November, 1885. The opinion states so much of the case as was involved in the appeal. The Circuit decree, omitting its statement of the facts and pleadings, was as follows : Several questions were made as to the admissibility of testimony which was taken dowm subject to the exceptions.

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Before Fraser, J., Darlington, November, 1885. The opinion states so much of the case as was involved in the appeal. The Circuit decree, omitting its statement of the facts and pleadings, was as follows : Several questions were made as to the admissibility of testimony which was taken dowm subject to the exceptions. So much of the testimony of Louis Cohen as relates to conversations and transactions between himself and'C. Phillips in reference to the alleged debt and agreement to give a mortgage, was objected to as obnoxious to section 400 of the Code. The objection was made on behalf of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

O. Phillips, Leonard Phillips, and Leopold Phillips, father and sons, were copartners, doing business as merchants in the town of' Florence, in this State, under the name of C. Phillips & Sons. During the existence of this partnership, C. Phillips, the father, negotiated a loan of $5,000 from the defendants, Louis Cohen & Co., of Charleston, with the understanding and agreement that said loan was to be secured by a mortgage of certain real estate situated in Florence, the titles to which were in the name of the said C.…

2Cited by6 opinions

  1. Talley v. EastlandCourt of Appeals of Kentucky (pre-1976) · 1935
  2. State v. ElsburyNevada Supreme Court · 1946
  3. First State Savings and Loan Assoc. v. NodineCourt of Appeals of South Carolina · 1987
  4. Robinson v. Security Co.Supreme Court of Connecticut · 1913
  5. Thompson v. WAYNE SMITH CONST. CO., INC.Indiana Court of Appeals · 1994

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