Republic State Bank v. Bailey Furniture & Lumber Co.
Supreme Court of South Carolina
Before Moore, J., Union, September, 1914. Action by Republic State Bank, assignee, against Bailey Furniture and Lumber Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to coun- terclaim: Code Civ.
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Before Moore, J., Union, September, 1914. Action by Republic State Bank, assignee, against Bailey Furniture and Lumber Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: As to coun- terclaim: Code Civ. Proc., secs. 199, 200, 203, 161, 219; 5 Stats. 330; 14 S. C. 621; 38 S. C. 138; 6 S. C. 159; 5 S. C. 88, 89; 30 S. C. 112; 68 S. C. 239; 73 S. C. 143; 38 S. C. 210; 4 S. C. 386; 16 S. C. 579; 10 S. C. 98; 6 S. C. 49; 34 S. C. 301; 31 S. C. 604; 85 S. C. 350; 54 S. C. 256; 80 S. C. 114. Burden of proof: 113 111. App. 356; 196 Fed. 1; 146 Fed. 953;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action on a sealed note for $328.50, given by defendant to Simpson & Harper, dated December 4, 1912, and payable April 10, 1913. Paragraph 6 of the answer reads: “Admits that the said note has not been, paid, but alleges, that the defendant has always been ready and is now ready to pay the same, whenever its just and due set-offs, credits and counterclaims are allowed and credited thereon.
1 That defendant has a true and just counterclaim in the sum of $249.69, growing out of and preceding the said transaction of which the…
2Cited by1 opinion
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