Simmons &c. Co. v. Bank of Greenwood
Supreme Court of South Carolina
Before Izlar, J., Abbeville, January, 1893. Action by Simmons Hardware Company against Bank of Greenwood, commenced February 25, 1892, on an ordinary check drawn by Jervey & Co. on the defendant in favor of the plaintiff for $163.97. The judge charged the jury as follows: Mr. Foreman and Gentlemen of the Jury: This is a very interesting case. It is not free from difficulty, especially on the part of the court.
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Before Izlar, J., Abbeville, January, 1893. Action by Simmons Hardware Company against Bank of Greenwood, commenced February 25, 1892, on an ordinary check drawn by Jervey & Co. on the defendant in favor of the plaintiff for $163.97. The judge charged the jury as follows: Mr. Foreman and Gentlemen of the Jury: This is a very interesting case. It is not free from difficulty, especially on the part of the court. I shall endeavor,'however, to give you my understanding of the law, and then leave the case with you. If I err in my judgment in regard to this case, the parties have another tribunal…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chibe Justice MoIveb.
The object of this action was to recover the amount of money mentioned in a check drawn by Jervey & Co. on the 2d of January, 1892, on the defendant bank, payable to the order of the plaintiff. Inasmuch as the plaintiff resided, and did business, in a distant State, the check was not presented for payment until the 8th of January, 1892, when payment was refused (“no funds”), and on the next day it was formally protested for non-payment.
Without undertaking to set out the evidence adduced at the trial, which appears in the…
2Cases cited1 opinion
- Sadler v. WhitehurstSupreme Court of Virginia · 1887
3Cited by13 opinions
- Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
- Glens Falls Indemnity Co. v. Palmetto BankDistrict Court, W.D. South Carolina · 1938
- Hammon v. PaineCourt of Appeals for the First Circuit · 1932
- Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906
- Calmenson Clothing Co. v. First National Bank & Trust Co.South Dakota Supreme Court · 1935
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