Legal Opinion

Fowler v. Allen

Supreme Court of South Carolina

Decided March 6, 1890PublishedCited by 4 opinions

Before Hudson, J., Spartanburg, March, 1889. This was an action by Robert A. Robison and William Fowler, trading under the firm name of Fowler & Robison, against Harriet Allen, commenced June 26, 1888. The judge charged the jury as follows: This action is brought by the plaintiffs against the defendant upon two promissory notes, one for $173.09, dated December 30, 1884, payable the first day of the following December; the other calling for $238.89, bearing the same date and…

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Before Hudson, J., Spartanburg, March, 1889. This was an action by Robert A. Robison and William Fowler, trading under the firm name of Fowler & Robison, against Harriet Allen, commenced June 26, 1888. The judge charged the jury as follows: This action is brought by the plaintiffs against the defendant upon two promissory notes, one for $173.09, dated December 30, 1884, payable the first day of the following December; the other calling for $238.89, bearing the same date and payable the first day of the following December, the same date. Do not forget that, because it may become a question…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McIver.

The action in this case was upon two negotiable notes, dated 30th of December, 1884, and payable 1st of December, 1885, signed by one Eber C. Allen, as principal, and defendant, as surety, and made payable to the plaintiffs. It seems that the plaintiffs had recovered two judgments before a trial justice against said Eber C. Allen, and also held an open account against him. One of the notes in suit was given for the amount of the two judgments, and contained an endorsement thereon to that effect, that when the note was paid, the…

2Cases cited2 opinions

  1. Dair v. United StatesSupreme Court of the United States · 1873
  2. Marks v. First National BankSupreme Court of Alabama · 1885

3Cited by4 opinions

  1. H. & C. Newman, Ltd. v. ScarboroughSupreme Court of Louisiana · 1905
  2. Carter v. MoultonSupreme Court of Kansas · 1893
  3. Tucker v. HudgensSupreme Court of South Carolina · 1925
  4. Bolton v. Wharton, MayorSupreme Court of South Carolina · 1931

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