Legal Opinion

First National Bank v. Badham

Supreme Court of South Carolina

Decided June 30, 1910No. 7595Published

Before Memminger, J., Richland, November, 1906. Action by First National Bank of Richmond, Indiana, against V. C. Badham. Plaintiff appeals from judgment for defendant on following exceptions: 1. “Because his Honor erred in the admission of testimony on the issues of whether the erasure of the printed provision for attorney’s fees in the two notes sued on herein had been made by the defendant, or without his consent.

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Before Memminger, J., Richland, November, 1906. Action by First National Bank of Richmond, Indiana, against V. C. Badham. Plaintiff appeals from judgment for defendant on following exceptions: 1. “Because his Honor erred in the admission of testimony on the issues of whether the erasure of the printed provision for attorney’s fees in the two notes sued on herein had been made by the defendant, or without his consent. His Honor, over plaintiff’s objection, permitted the witness, Meighan (who, as bank collection clerk, had handled other notes executed to defendant, Badham, on printed forms like…

1Opinion of the Court

The opinion of the Court’ was delivered by

Judge DeVore,

Acting Associate Justice in place of Mr. Justice Hydrick, disqualified. For the purpose of this opinion it will be necessary only to state that this was a suit commenced 8th August, 1905, based upon two promissory notes set out in the complaint; each being the basis for a separate cause of action, as will appear from the complaint herein.

The main question involved in -the Court below, as well as in this Court, is whether said note9 are negotiable;, it will, therefore, be important to have a copy inserted here.

“$785.00. Columbia, S. C.,…

2Cases cited5 opinions

  1. Carroll County Savings Bank v. StrotherSupreme Court of South Carolina · 1888
  2. Sylvester Bleckley Co. v. AlewineSupreme Court of South Carolina · 1897
  3. White v. HarrisSupreme Court of South Carolina · 1904
  4. Green v. SpiresSupreme Court of South Carolina · 1905
  5. Smith Sons Gin & MacHine Co. v. BadhamSupreme Court of South Carolina · 1908

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