Standard Sewing Machine Co. v. Henry
Supreme Court of South Carolina
Before Benet, J., Marion, June, 1894. Action by the Standard Sewing Machine Company against John E. Henry and J. B. Lee, partners as J. E. Henry & Go., commenced January 30, 1894. The Circuit decree was as follows: This is a motion made by the plaintiffs herein to strike out the answer of the defendants on the ground that it is sham and irrelevant; and on the further ground that it is frivolous, and intended merely for delay.
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Before Benet, J., Marion, June, 1894. Action by the Standard Sewing Machine Company against John E. Henry and J. B. Lee, partners as J. E. Henry & Go., commenced January 30, 1894. The Circuit decree was as follows: This is a motion made by the plaintiffs herein to strike out the answer of the defendants on the ground that it is sham and irrelevant; and on the further ground that it is frivolous, and intended merely for delay. It appears that the motion came on to be heard at the April term of the court, before Judge Aldrich; but that when the fact was developed that copies of certain…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chiee Justice MoIyer.
This was an action to recover the amount alleged to be due on a negotiable promissory note. The allegations in the complaint are substantially as follows: that on the 10th day of August, 1893, the defendants made their promissory note in writing, whereby they promised to pay-to the plaintiffs, or order, at the Merchants’ and Farmers’ Bank, of Marion, four months after the date thereof, the sum *22of $1,226.06, together with a stipulation that if the note has to be collected by suit, the defendants would pay all costs, including…
2Cited by5 opinions
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