Southern Stove Works v. Converse Savings Bank
Supreme Court of South Carolina
Before Sease, J., Spartanburg, Summer term, 1918. Action by the Southern Stove Works against the Converse Savings Bank. From an order granting a new trial after a verdict for plaintiff, plaintiff appeals. The check in question was drawn by the Turner-Setzler Furniture Company in favor of plaintiff on defendant bank, deposited by plaintiff in the Old State National Bank of Evansville, Ind., and sent by that bank to defendant for collection.
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Before Sease, J., Spartanburg, Summer term, 1918. Action by the Southern Stove Works against the Converse Savings Bank. From an order granting a new trial after a verdict for plaintiff, plaintiff appeals. The check in question was drawn by the Turner-Setzler Furniture Company in favor of plaintiff on defendant bank, deposited by plaintiff in the Old State National Bank of Evansville, Ind., and sent by that bank to defendant for collection. A portion of the Court’s charge reads as follows: “I charge you that a payment may be made by a check, a transfer of credits, as well as by cash, and if…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
1 This is an appeal from an order granting a new-trial, after jury had found a verdict in favor of plaintiff, by his Honor, Judge Sease, who had tried the case. His Honor based his order on the ground that he had committed error in his charge -to the jury. He granted the order, not as a matter within his discretion, because he did not approve of the verdict, but on the. ground that he had misdirected the jury as to the law of the case. This makes the matter appealable, and the .sole question is: Did the Judge err in stating to the…
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