Rouss v. King
Supreme Court of South Carolina
Before J. H. Hudson, special Judge, Richland, March, 1903. Action by Chas. Broadway Rouss against J. B. King and R. B. King.
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Before J. H. Hudson, special Judge, Richland, March, 1903. Action by Chas. Broadway Rouss against J. B. King and R. B. King. From order of nonsuit, plaintiff appeals. cites: Respondent is surety: 14 Ency., 2 ed., 1128, 1130; 24 Ency., 716-7; Brandt on Sur., sec. 1; 32 Ind., 11; 4'Ind., 264; Stearns on Sur., sec. 6; 1 McM., 76. Contract does not limit credit to be extended: 22 S. C., 285; 24 Ill., 20; 62 Wis,, 526; 5 G. & J., 314; 6 Dak., 35; 14 Neb., 158; 19 South, 765; 18 Minn., 470; 51 N. Y. S., 205; 79 N. W, 120; Stearns Daw of Sur., secs. 59, 77; 145 Ill., 488; 86 Tex., 690; 16 Ohio Cir.…
1Opinion of the Court
The opinion of the Court was delivered by
Me. Justice Woods.
This action was brought by Charles B. Rouss, a wholesale merchant, against J. B. King and R. B. King, for a balance of $1,500 and interest, due by J. B. King, a retail merchant, which it is alleged in the com plaint, R. B. King, by his written contracts, agreed to pay before the credit was extended. As the decision of the questions involved in the appeal depend entirely on the construction of the notes and contracts, it is necessary to set them out in full.
“$500.00. September 12, 1897.
“On demand, for value received, we jointly and…
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