Gardner v. Gardner
Supreme Court of South Carolina
Before Wallace, J., Richland, November, 1884. The opinion fully states the case. cited Brandt Sur. £ Guar., ch. XIY.; Ibid., §§ 312, 305; 2 Lead. Cas. Lq. (last edit.), 1912; Pitman Pr. Sur., 174; JDeColl Sur. Guar., 407; 1 Younge Q. Oh., 420; 43 Ind., 396; 50 Id., 377; 37 Ga., 385; 26 III, 286; 30 Vt, 712; 6 Whart., 440; 5 Rich., 51.
1Dissent
Mr.-Justice McGowan,
dissenting. E. W. Geiger, together with his sureties, Samuel Gardner and J. M. Tlireewits, executed a sealed note to Jacob Geiger and A. W. Geiger, as administrators, for $1,583.53, which was due February 3, 1860, with interest from date, and payable annually. On this note there were endorsed receipts of payments as follows: February 3, 1861, interest to date; February 3, 1862, interest to date; June 29, 1863, interest to date, and $583.53 on the principal; March 3 (really April 27), 1865, interest to June 29, 1865. It seems, therefore, that on April 27, 1865, the “annual”…
2Cases cited1 opinion
- Parker v. JervisNew York Court of Appeals · 1867