Legal Opinion

Hickson v. Early

Supreme Court of South Carolina

Decided October 5, 1901PublishedCited by 6 opinions

Before Gage, J., Darlington, fall term, 1900. Action on notes by Henry J. Hickson against John H. Early. From order sustaining demurrer to one defense, defendant appeals. cites: False representations alleged in the answer are sufficient to sustain the defense of fraud: 26 S. C., 282; 50 S. C., 399; 56 N. Y., 83; hi U. S., 148. cite: Bxception too general for consideration: 51 S. C., 55; 59 S. C., 1; 57 S. C., 224; 59 S. C., 244. A trader’s statements puffing the value of his…

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Before Gage, J., Darlington, fall term, 1900. Action on notes by Henry J. Hickson against John H. Early. From order sustaining demurrer to one defense, defendant appeals. cites: False representations alleged in the answer are sufficient to sustain the defense of fraud: 26 S. C., 282; 50 S. C., 399; 56 N. Y., 83; hi U. S., 148. cite: Bxception too general for consideration: 51 S. C., 55; 59 S. C., 1; 57 S. C., 224; 59 S. C., 244. A trader’s statements puffing the value of his wares are not fraudulent in law: 1 Rich., 105; 50 S. C., 401; 11 N. E. R-, 113; 1 Benj. on Sales, 561, 562, and notes;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIvER.

This is an appeal from an order sustaining a demurrer to the first defense set up in the answer. The action was based upon three promissory notes, bearing date the 29th day of July, 1897, whereby the defendant promised to pay to the order of one S. W. Tate the sum of $210, divided into three equal payments of $70 each — one payable the 1st of November, 1897, another payable on the 1st of December, 1897, and the other payable on the 1st of January, 1898 — evidenced by three separate notes, with interest after maturity of each…

2Cited by6 opinions

  1. Wright v. WilloughbySupreme Court of South Carolina · 1908
  2. Daniels v. BerrySupreme Court of South Carolina · 1929
  3. Whittle v. JonesSupreme Court of South Carolina · 1908
  4. Citizens' National Bank v. HawkinsSupreme Court of South Carolina · 1927
  5. Columbia Sav. Bank & Trust Co. v. TrueSupreme Court of South Carolina · 1917

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