Ellis & Co. v. Carroll
Supreme Court of South Carolina
Before DanTzlER, J., Cherokee, March, 1903. Action by J. A. Ellis & Co. against W. H. Carroll. From judgment for plaintiffs, defendant appeals. cite: As to whether the case comes within the letter of the statute: 29 S. C., 13; 32 S. C., 276; 51 S. C., 467; 4 S. C., 105. As to the debt being an original promise: 29 S- C., 13; 32 S. C., 276; 2 McC., 372; 3 Brev., 52. As to the case being taken out of statute: 29 S. C., 14; 3 Strob., 207; 1 McC., 575; 2 McC., 208; 4 McC., 409.…
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Before DanTzlER, J., Cherokee, March, 1903. Action by J. A. Ellis & Co. against W. H. Carroll. From judgment for plaintiffs, defendant appeals. cite: As to whether the case comes within the letter of the statute: 29 S. C., 13; 32 S. C., 276; 51 S. C., 467; 4 S. C., 105. As to the debt being an original promise: 29 S- C., 13; 32 S. C., 276; 2 McC., 372; 3 Brev., 52. As to the case being taken out of statute: 29 S. C., 14; 3 Strob., 207; 1 McC., 575; 2 McC., 208; 4 McC., 409. cites: As to whether promise was original or collateral: 29 S. C., 13; 35 S. C., 609; 23 S. C., 604. As to the promise…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
J. B. Carroll, son of defendant, was indebted to the plaintiffs in the sum of.$65.41, which was not denied. On the 26th day of July, 1902, at Grover, N. C., the plaintiffs caused two mules and a wagon to be seized under a valid attachment as the property of J. B. Carroll. The defendant, who was at Grover, N. C., at the time, went to plaintiffs and told them that if they would release the property of J. B. Carroll, that he would pay the debt. Pursuant to that agreement and on account of the promise made by the defendant, the property…
2Cases cited1 opinion
- Robertson v. HunterSupreme Court of South Carolina · 1888
3Cited by10 opinions
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