Legal Opinion

City National Bank v. Given

Supreme Court of South Carolina

Decided February 25, 1916No. 9261PublishedCited by 3 opinions

Before DeVorE, J., Aiken, October, 1915. Action by City National Bank, of Lansing, Michigan, against John M. Given. From judgment for plaintiff, the defendant appeals. The facts are stated in the opinion. cites : 80 S. C. 292; Civil Code, secs. 2528 and 3990. cites: As to notary’s certificate: Civil Code, secs. 2528 and 3990; 2 Daniel Neg. Inst.

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Before DeVorE, J., Aiken, October, 1915. Action by City National Bank, of Lansing, Michigan, against John M. Given. From judgment for plaintiff, the defendant appeals. The facts are stated in the opinion. cites : 80 S. C. 292; Civil Code, secs. 2528 and 3990. cites: As to notary’s certificate: Civil Code, secs. 2528 and 3990; 2 Daniel Neg. Inst. (5th ed.), secs. 945, 595, 969, 933. Proof of presentment: 55 S. C. 438, 439; 13 Peters 136; 45 S. C. 533. Direction of verdict: 91 S. C. 304/458, 461, 462; 28 S. C. 143, 149; 100 S. C. 353, 358; 101 S. C. 207; 7 Cyc. 956, 959; 8 S. C. 302; 97 S. C.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action by plaintiff against the defendant upon a negotiable promissory note for $1,642, and interest and protest fees. Plaintiff alleges in its complaint that it is the owner and holder of the note complained upon, and a bona fide purchaser of the same for value before maturity and without notice. Defendant admits the execution and delivery, of note, but denied that the plaintiff was owner and holder of the same and purchased the same without notice, and alleges failure of consideration. The case was tried by Judge DeVore…

2Cases cited5 opinions

  1. Citizens Trust & Savings Bank v. StackhouseSupreme Court of South Carolina · 1912
  2. Edens v. GibsonSupreme Court of South Carolina · 1915
  3. McNair v. MooreSupreme Court of South Carolina · 1899
  4. Iowa City State Bank v. HoeferSupreme Court of South Carolina · 1915
  5. Lowry National Bank v. SeymourSupreme Court of South Carolina · 1912

3Cited by3 opinions

  1. Merchants Nat. Bank v. SmithSupreme Court of South Carolina · 1918
  2. Farr-Barnes Lumber Co. v. Town of St. GeorgeSupreme Court of South Carolina · 1924
  3. Farr-Barnes Lumber Co. v. Town of St. GeorgeSupreme Court of South Carolina · 1924

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