Blakely v. Frazier

Citations

• 20 S.C. 144
• 1883 S.C. LEXIS 134

Syllabus

<p>1. This court cannot consider exceptions alleging error in the findings of fact by a jury in a law case, as it has appellate jurisdiction in chancery cases only.</p> <p>2. An account-sales of cotton is not evidence of the correctness of the items composing it, but may be submitted to the jury as containing the debt in an itemized form, subject to its further proof by the admissions, conduct or acts of the defendant in connection therewith or otherwise.</p> <p>3. Where a factor shipped the cotton of a planter through cotton sellers, who demanded reclamation on account of overdrafts by the planter, and it was submitted to arbitration to determine who should pay this reclamation in the first instance, and the award was that it should be primarily paid by the factor, who accordingly paid it — in action afterwards brought by the factor against the planter to recover the amount of the reclamation so paid, the award is not proof of the overdrafts, but the plaintiff may introduce it in evidence as a part of the history of the transaction, and as a basis for evidence of the acts and conduct of the defendant in reference thereto.</p> <p>4. It not certainly appearing that the verdict was reached in disregard of the judge’s instructions, his order refusing a new trial not disturbed.</p> <p>5. Where action is brought by a factor to recover money paid for defendant at his request on account of overdrafts upon cotton shipped by him to Liverpool, the trial judge did not err in refusing to charge “that there could be no proof of overdrafts by defendant without proof that the cotton was duly sold, its price,” &c., as, under the pleadings, the indebtedness might be established by the acknowledgments of the defendant.</p> <p>6. New parties cannot be brought in until, under the order of the court, the summons has been amended.</p> <p>7. When leave has been obtained to amend either the summons or complaint, one or both, the order granting the leave must be strictly complied with, or t