Legal Opinion · Concurrence

Bank of Spartanburg v. Mahon

Supreme Court of South Carolina

Decided October 3, 1906Published

Before DanTzuír, J., Spartanburg, November, 1905. Action by Bank of Spartanburg against G. H. Mahon. From' judgment of nonsuit, plaintiff appeals. cite: 1 McM., 76; 3 Rich., 134; 53 N. Y., 307; 6 Rich., 497; 45 S. C., 519; 1 Dan. Neg. Ins., sec. 142. Mr. McCullough cites: 33 & C., 329; 7 Rich., 13; 63 S, C., 436; 92 Ami. Dec., 99; 51 S. C., 58; 98 Ala., 484; 1 Ency., 336; Norton on Bills and Notes, 107; 45 S. C., 373; 4 Ency., 476; 37 S. C., 463; 41 & C., 81; 2 Ency., 253.

1ConcurrenceJustice Woods

I concur in reversing the judgment of the Circuit Court, but being unable to agree with Mr. Justice Gary in the view that Mahon., the defendant, was a maker of the notes sued on, I state briefly the reasons why I think he is clearly liable as indorser, as alleged in the complaint.

The action was brought, on three promissory notes by Bank of Spartanburg as indorsee and holder against G. H. Mahon as indorser. The appeal is from an order of nonsuit granted after evidence of the following facts: In 1904, James & Stewart, a firm merchandising in Spartanburg, obtained three blank notes from the…

2Cases cited6 opinions

  1. Weston v. MyersIllinois Supreme Court · 1864
  2. Michigan Insurance v. Estate of LeavenworthSupreme Court of Vermont · 1856
  3. Dunham v. CloggCourt of Appeals of Maryland · 1869
  4. Schooler v. TildenSupreme Court of Missouri · 1880
  5. Johnston v. McDonaldSupreme Court of South Carolina · 1894

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