Legal Opinion

New England Natl. Bank v. Wallace

Supreme Court of South Carolina

Decided April 6, 1914No. 8783PublishedCited by 4 opinions

Before DeVorE, J., Actions by the New England National Bank against’J. V. Wallace and others, on two negotiable notes, tried together.

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Before DeVorE, J., Actions by the New England National Bank against’J. V. Wallace and others, on two negotiable notes, tried together. On the close of the defendants’ testimony, the plaintiff moved for a direction of a verdict on the following grounds: Plaintiff moved for the direction of a verdict in both of these cases against all of the defendants, except the defendant Nolte, on the ground that the testimony shows that the plaintiff is a bona fide holder for value .without notice of any defect, without notice of any fraud in the contract, without notice of any so-called guarantee, and that…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

AVhen the case of Bank v. Stackhouse, 91 S. C. 455, 74 S. E. 977, 40 L. R. A. (N. S.) 454, was decided by this Court, it did not seem to the writer of this opinion that the plaintiff therein, was prima facie a bona fide holder of the note upon which the action was brought.

The principles then announced are practically the same as those involved in the present case. He, therefore, feels constrained to follow that case as an authority as long as it remains of force.

Judgment affirmed.

2Cases cited1 opinion

  1. Citizens Trust & Savings Bank v. StackhouseSupreme Court of South Carolina · 1912

3Cited by4 opinions

  1. Merchants Nat. Bank v. SmithSupreme Court of South Carolina · 1918
  2. Edens v. GibsonSupreme Court of South Carolina · 1915
  3. Commerce Trust Co. v. GrimesSupreme Court of South Carolina · 1914
  4. Farmers Bank v. CrawfordSupreme Court of South Carolina · 1916

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