Park v. Brooks
Supreme Court of South Carolina
Before Izlar, J., Laurens, September, 1892. Action by J. F. Park against L. R. Brooks, commenced January 28, 1892. Plaintiff being asked, as a witness, as to a credit on the note sued on, defendant objected on the ground, that the complaint did not allege a new promise, and that no promise is admissible unless in writing, and signed by the party making it.
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Before Izlar, J., Laurens, September, 1892. Action by J. F. Park against L. R. Brooks, commenced January 28, 1892. Plaintiff being asked, as a witness, as to a credit on the note sued on, defendant objected on the ground, that the complaint did not allege a new promise, and that no promise is admissible unless in writing, and signed by the party making it. The court ruled as follows: There is a preliminary question in this case, and that is, whether the complaint sufficiently alleges a new promise. The plaintiff, after setting out that this note was made, and certain payments were made on it…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIver.
For a proper understanding of the questions raised by this appeal, it will be necessary to *303make a statement of the pleadings. The plaintiff, in the first paragraph of his complaint, after alleging that the defendant, on the 14th May, 1885, executed his note, whereby he promised to pay the plaintiff, one day after said date, a certain sum of money, and that the defendant had made sundry payments, duly credited on said note, proceeded as follows: “That on December 7th, 1891, the defendant, L. R. Brooks, made a new promise to pay…
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