Colburn v. Matthews
Court of Appeals of South Carolina
Before O’Neall, J. at Charleston, Spring Term, 1845. The report of his Honor the presiding Judge is as follows : “ This was an action of debt on several bonds of the defendant. The defence stated to me, and as I noted it at the time, was ‘failure of consideration.’ “ H. A. DeSaussure, Esq., was sworn, and proved the execution of the bonds. On his cross-examination, he stated the transaction out of which the bonds arose.
Read the full summary
Before O’Neall, J. at Charleston, Spring Term, 1845. The report of his Honor the presiding Judge is as follows : “ This was an action of debt on several bonds of the defendant. The defence stated to me, and as I noted it at the time, was ‘failure of consideration.’ “ H. A. DeSaussure, Esq., was sworn, and proved the execution of the bonds. On his cross-examination, he stated the transaction out of which the bonds arose. He said various notes of B. P. Colburn & Co., were placed in his hands for collection by the plaintiff; that after various negotiations, the firm confessed judgement to the…
1DissentO’Neall, J.
In this case, I trust that, without the slightest feeling of disrespect to the judgment of a majority of my brethren, I may be allowed to express the deep regret which I entertain, that such a decision should ever have been made. It seems to me to unsettle every thing, and that, hereafter, it will only be necessary to plead or allege fraud, and every door of the common law will be opened by its magical influence.
Heretofore, I had supposed that, until the judgment of a court of competent jurisdiction upon the same matter is reversed in a course of regular proceedings on it, a resort to any…
2Cases cited2 opinions
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
- Cottom v. CottomCourt of Appeals of Virginia · 1826