Central National Bank v. Adams
Supreme Court of South Carolina
Before Aldrich, J., at Bichland, July Term, 1878. This case came up on appeal from an order of the Circuit judge,, confirming the report of Hon. C. P. Townsend, special referee, to whom it was referred to hear and determine the same; he having heard the cause while a Circuit judge, without a jury, by consent, and resigned his office before rendering a decision. The judgment was for the plaintiff.
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Before Aldrich, J., at Bichland, July Term, 1878. This case came up on appeal from an order of the Circuit judge,, confirming the report of Hon. C. P. Townsend, special referee, to whom it was referred to hear and determine the same; he having heard the cause while a Circuit judge, without a jury, by consent, and resigned his office before rendering a decision. The judgment was for the plaintiff. The facts are sufficiently stated in the opinion of the court. 1. What is the contract of endorsement? 1 Dan. on Neg. Inst., § 667; 1 Pars, on B. & N. 353-356 ; Story on Bills, § 109; Chit, on Bills…
1Opinion of the Court
The opinion of the court was delivered by
McIver, A. J.
This was an action against the defendant as endorser of a negotiable note, and the sole question raised by the appeal is whether the plaintiff used due diligence in giving notice of the dishonor of the note. The facts are undisputed, and areas follows: On the 25th of September, 1875, James P. Adams-executed his note payable to Amy G. Adams, who, as an accommodation, endorsed the same to the plaintiff. The note not being paid at maturity, it was protested, and notice of non-payment was, in due time, sent by mail, postage pre-paid, in a…
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