Adler v. Cloud

Citations

• 42 S.C. 272
• 20 S.E. 393
• 1894 S.C. LEXIS 65

Syllabus

<p>J. Evidence.. — Defendant, as a witness, having admitted on cross-examination that he had made certain statements in an affidavit exhibited to him, the affidavit itself, when introduced on his examination in reply, may be received for the single purpose of showing what defendant had said.</p> <p>2. Ibid.. — Assignment for Creditors. — In action assailing an assignment for the benefit of creditors, alleging a failure to assign all of the debtor’s estate, the assignor may testify in his own behalf .that he owned no real estate at the date of his assignment.</p> <p>3. Exceptions- — Appeal.—This court will not look through fifteen printed pages of testimony of a witness M., to discover whether there is any foundation for an exception alleging error “in not sustaining the objections of the plaintiffs to the testimony of M., when it appears from the report of the testimony that objection was made thereto.”</p> <p>4. Partnership — A Finding of Fact by the Circuit Judge from testimony taken by the master and reported in writing, as to the existence of a partnership, approved.</p> <p>5. Assignment for Creditors. — Asale of a stock of goods in one city and an assignment for the benefit of creditors in another city, on the same day, being, in fact, two distinct transactions, the latter not being in contemplation when the former was made, do not constitute parts of one assignment with preferences.</p> <p>6. Findings of Fact — Witnesses.—The Circuit Judge sustained in the weight accorded by him to the testimony of defendant, notwithstanding his violation of the law made by him in making a sale of his goods when insolvent, and to the testimony of. his witnesses, notwithstanding some contradictions.</p> <p>7. Ibid. — Findings of fact by the Circuit Judge, so far as material, approved.</p> <p>8. Assignment for Creditors — Prior Transfers.. — A failing debtor is encouraged by the law to make an assignment for the benefit of his creditors, blit such assignment must convey his whol