Citizens Trust & Savings Bank v. Stackhouse
Supreme Court of South Carolina
Before SeasE, J., Marion, Fall term, 1910. Action by Citizens Trust and Savings Bank, against J. Stackhouse & Son et al. Defendants appeal. This case was first argued on 38th April, 1911, but was ordered reargued on April 33, 1913. cites-: What defendant must show to let in defense of failure of consideration against indorsee of negotiable note: 8 S. C. 470; 14 S. C. 143; 38 S. C. 148; 81 S. C. 541; 87 S. C. 76.
1Opinion of the Court
The opinion in this case was filed on May 33, 1913, but held up on petition for rehearing until
May 30, 1912.
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff brought this action on one of three promissory notes given by defendants to McLaughlin Brothers, of Columbus, Ohio, in payment for a stallion, alleging that it bought the note for value before maturity. The defendants set up the defenses of failure of consideration, breach of warranty, fraud and misrepresentation in the sale of the horse, and allege that plaintiff is not the bona, fide owner of the note sued on, but…
2Cases cited5 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Murray v. LardnerSupreme Court of the United States · 1865
- Fretwell v. CarterSupreme Court of South Carolina · 1908
- Ehrlich v. JenningsSupreme Court of South Carolina · 1907
- First National Bank v. Anderson & Co.Supreme Court of South Carolina · 1888
3Cited by23 opinions
- Pratt v. DittmerCalifornia Court of Appeal · 1921
- First National Bank v. PondIdaho Supreme Court · 1924
- Merchants Nat. Bank v. SmithSupreme Court of South Carolina · 1918
- Edens v. GibsonSupreme Court of South Carolina · 1915
- Park v. ZellarsSupreme Court of Georgia · 1913
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