Brown v. Kinloch, Phillips & Co.

Citations

• 29 S.C.L. 284

Syllabus

<p>1. Defendant verbally authorized plaintiffs, ¡who were merchants, to let a third person have a certain amount of goods,-and that he would guarantee the payment. The goods were delivered to sutih third person; but the charge on plaintiffs’ books was to the defendant for him-. Held-, that plaintiff was not a competent witness; to charge the defendant*</p> <p>2. If the book entry of a merchant or tradesman does not prove a liability, and some additional evidence be necessary to charge a defendant, such additional evidence must be supplied by some other witness than the merchant or tradesman.</p> <p>3. The verbal guaranty of defendant being collateral, and an undertaking to answer for the debt or default of another; was not binding.</p>