Newton v. Woodley
Supreme Court of South Carolina
Before Gage, J., Marlboro, August, 1898. Foreclosure by Katie M. Newton against Jonathan Woodley. The following is the Circuit decree, omitting the statement : The defendant moved, on notice, at the trial for leave to amend the answer in two particulars, to'wit: by pleading that he then had, and ever since has had, the aforesaid sum of money in gold coin for the purpose of paying'said debt, and a renewal of the tender first alleged in discharge of the mortgage; and by…
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Before Gage, J., Marlboro, August, 1898. Foreclosure by Katie M. Newton against Jonathan Woodley. The following is the Circuit decree, omitting the statement : The defendant moved, on notice, at the trial for leave to amend the answer in two particulars, to'wit: by pleading that he then had, and ever since has had, the aforesaid sum of money in gold coin for the purpose of paying'said debt, and a renewal of the tender first alleged in discharge of the mortgage; and by pleading that the interest charged and received by plaintiff under said obligation was nearly nine per cent, instead of eight…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
On the 21st day of November, 1890, the defendant executed and delivered to C. S. McCall the following promissory note or agreement, to wit: “$6,827.60. Bennettsville, S. C, 21st Nov., 1890. On the first day of November, 1895, for value received, I promise to' pay to the order of C. S. McCall, the principal sum of $6,827.60, with interest to be calculated from this date at the rate of eight per cent, per annum, both before and after maturity, discounted and payable annually on the first day of November in every year, including the…
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