Legal Opinion

Allen v. Cooley

Supreme Court of South Carolina

Decided July 30, 1898PublishedCited by 10 opinions

Before Aldrich, J., Abbeville, January, 1898. Action by K. W. Allen v..D. K. Cooley. Judgment for plaintiff. Defendant appeals. cite: Paper inadmissible because irrelevant: 6 How.

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Before Aldrich, J., Abbeville, January, 1898. Action by K. W. Allen v..D. K. Cooley. Judgment for plaintiff. Defendant appeals. cite: Paper inadmissible because irrelevant: 6 How. Pr., 401; 12 N.Y., 820; 11 Wheat., 171; 5 Sand., 54; 2 E. D. Smith, 314; 3 Duer, 161. No aiithority shown for execution of sealed note: Code, 169; 5 S. C., 10; 11 S. C., 439; 17 S. C., 411; 18 S. C., 495; 24 S. C., 39; 29 S. C., 64. cites: Paper relevant: 23 S. C., 75. Objection not ruled on, not considered here: 44 S. C., 36. New trial not granted unless irrelevant testimony could have affected verdict: 30 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The plaintiff brought this action on a note, of which the following is a copy: “$2,000. One day after date, we promise to pay to Mrs. K. W. Allen, or order, the sum of $2,000, for value received, interest at eight per cent, per annum. Allen & Cooley, (l. S.) Witness our hands and seal, November 20th, 1891.” The third paragraph of the complaint is as follows: “3. That on the 30th day of September, 1897, the said firm of Allen & Cooley was dissolved by mutual consent, and a division of the assets had; and on the same day, the said D. K.…

2Cited by10 opinions

  1. Kirton v. HowardSupreme Court of South Carolina · 1926
  2. White v. Southern Railway Co.Supreme Court of South Carolina · 1927
  3. Sloan v. LeeSupreme Court of South Carolina · 1922
  4. Smith v. Union-Buffalo Mills Co.Supreme Court of South Carolina · 1915
  5. Wallace Ads. DowlingSupreme Court of South Carolina · 1910

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