Smith v. Nelson
Supreme Court of South Carolina
Before Hydrick, J., Charleston, February term, 1908. Action by J. D. Smith against Walter E. Nelson, carrying on business as Nelson & Munzenmaier. From order striking out complaint, plaintiff appeals. cite: Suit may be maintained on lost negotiable instrument: 2 Speer, 193; 2 N. & McC., 464; 2 Bail., 427; 2 Strob., 160; 2 Hill Eq., 371; Dud. Eq., 85; 25 Cyc., 1608; 15 Fed.
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Before Hydrick, J., Charleston, February term, 1908. Action by J. D. Smith against Walter E. Nelson, carrying on business as Nelson & Munzenmaier. From order striking out complaint, plaintiff appeals. cite: Suit may be maintained on lost negotiable instrument: 2 Speer, 193; 2 N. & McC., 464; 2 Bail., 427; 2 Strob., 160; 2 Hill Eq., 371; Dud. Eq., 85; 25 Cyc., 1608; 15 Fed. Cas., 130; 6 Rich., 171; 101 Mass., 370; 4 Cyc., 92, 95, 96; 2 McC., 374; 2 Bail., 16; 1 McC., 219; 90 111. App., 448; 4 Ency., 279; 7 Cyc., 796; 24 Ency., 277. Check is not payment: 17 S. C., 499; 22 Ency., 569; 15 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Judge Robert Aedrich,
acting Associate Jzistice in place of Mr. Justice Hydrick, disqualified.
In this case the plaintiff served a complaint on the 20th day of April, 1907, to which the defendant interposed a demurrer.
The demurrer was heard before the Honorable G. W. Gage, presiding Judge, at the November term, 1907, and upon the hearing he made an order, dated 30th of November, 1907, sustaining the demurrer, on the ground that the complaint was in an action at law, but that the plaintiff’s remedy was in equity; that he was entitled to sue in equity and…
2Cases cited2 opinions
- Loan & Savings Bank v. Farmers & Merchants BankSupreme Court of South Carolina · 1906
- Savannah National Bank v. HaskinsMassachusetts Supreme Judicial Court · 1869
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