Legal Opinion

Duncan v. Heller

Supreme Court of South Carolina

Decided February 21, 1880No. CASE No. 817PublishedCited by 2 opinions

Before Aldrich, J., Greenville, July, 1879. The case is stated in the opinion of the court. One of the plaintiffs testified that Elizabeth Heller brought the letter to him from her brother at a time when witness was about to foreclose his mortgage; that he told her he would accept the proposition and grant the time asked for, which he did; that in consequence of this letter he forbore to foreclose his mortgage, and that the indulgence would not have been granted but for this…

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Before Aldrich, J., Greenville, July, 1879. The case is stated in the opinion of the court. One of the plaintiffs testified that Elizabeth Heller brought the letter to him from her brother at a time when witness was about to foreclose his mortgage; that he told her he would accept the proposition and grant the time asked for, which he did; that in consequence of this letter he forbore to foreclose his mortgage, and that the indulgence would not have been granted but for this letter; that in consequence of the subsequent depreciation of real estate he had lost his debt. Verdict was for…

1Opinion of the Court

The opinion of the court was delivered by

McIver, A. J.

The plaintiffs by this action sought to charge the appellant, J. B. Heller, as guarantor, by virtue of a letter of which the following is a copy:

“Newberry, S. C., February 9th, 1877.
“ Shumate & Duncan — Gentlemen : My sister, Elizabeth Heller, informs me that she is due you some one hundred dollars, for which you have a mortgage on her land, and she fears that you intend to push the matter. She has been down to see me to get help, and I am sorry to say that at the present time I am not able to help her, but if you will wait with her until…

2Cited by2 opinions

  1. Carolina Eastern, Inc. v. Benson Agri Supply, Inc.Court of Appeals of North Carolina · 1984
  2. Hudepohl Brewing Co. v. BannisterDistrict Court, W.D. South Carolina · 1942

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