Legal Opinion

J. C. Stevenson & Co. v. Bethea

Supreme Court of South Carolina

Decided March 19, 1904PublishedCited by 1 opinion

Before Townsend, J., Marion, spring term, 1903. Action of claim and delivery by J. C. Stevenson & Co. against Philip W. Bethea.

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Before Townsend, J., Marion, spring term, 1903. Action of claim and delivery by J. C. Stevenson & Co. against Philip W. Bethea. Erom judgment for plaintiff, defendant appeals. cites: As to inquiry into consideration of written instrument: 58 S. C., 288; 16 S. C., 352; 41'S. C., 153; 56 S. C., 480. This note not negotiable: 28 S. C., 504; 48 S. C., 308; 63 S. C., 438; 4 McC., 159; 38 S. C., 148. As to consideration of inappropriate allegations: 61 S. C., 329; 60 S. C., 381; 63 S. C., 569. As to power of agent: 1 Ency., 993, 994, 962, 972, 995, 1227, 1027, 1063, 1172; 4 Strob., 427; 3 Rich.,…

1Opinion of the Court

The opinion of the Court was delivered by

M!r. Chiee Justice Pope.

This action is brought to enforce by claim and delivery a chattel mortgage after condition broken. The Circuit Judge in his charge to the jury directed them', if they found as a fact that the note and mortgage were actually made by the defendant, then they must find a verdict for the plaintiff. Such was their finding, hence this appeal.

It seems to us that the pleadings themselves tended to cloud the true issue. In the complaint the note is described as a promissory note, and in the answer it is admitted to be a promissory note.…

2Cases cited2 opinions

  1. Patterson v. RabbSupreme Court of South Carolina · 1893
  2. McLaughlin v. BraddySupreme Court of South Carolina · 1902

3Cited by1 opinion

  1. J. C. Stevenson Co. v. BetheaSupreme Court of South Carolina · 1908

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