Sanders v. Bagwell
Supreme Court of South Carolina
Before Kershaw, J., Spartanburg, July, 1891. Action by C. P. Sanders, as executor of Allie Lipscomb, against S. M. Bagwell, administrator of W. H. Bagwell, commenced in April, 1888. The trial judge refused the requests to charge, as stated in the exceptions, and charged as follows : Gentlemen of the Jury: The plaintiff in this action claims the right to recover the balance due on a sealed note, which the evidence tends to show was made to Allie Lipscomb on the 22d of…
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Before Kershaw, J., Spartanburg, July, 1891. Action by C. P. Sanders, as executor of Allie Lipscomb, against S. M. Bagwell, administrator of W. H. Bagwell, commenced in April, 1888. The trial judge refused the requests to charge, as stated in the exceptions, and charged as follows : Gentlemen of the Jury: The plaintiff in this action claims the right to recover the balance due on a sealed note, which the evidence tends to show was made to Allie Lipscomb on the 22d of October, 1873, for $440, with an addendum or alteration, written below the note, to this effect: “The above note is to be…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pope.
In the thirty-second volume of the South Carolina Beports, at pages 238 to 243 inclusive, may be found the report of the first trial of this case, and the judgment of this court on the appeal therein. Briefly, the plaintiff complained on a note for $440, executed under seal by Wash. Poole, and W. H. Bagwell as his surety. There had been an addendum thereto, signed by Poole alone, whereby the interest to be [laid was fixed at eight per cent, per annum, and the fact of the alteration was set out in the defendant’s answer. At the hearing…
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