Correll v. Georgia, &c., Co.

Citations

• 37 S.C. 444
• 16 S.E. 156
• 1892 S.C. LEXIS 41

Syllabus

<p>1. Action—Debt Not Due.—Plaintiff is not entitled to judgmentin the Common Pleas on past due debts which were not due at the time of action commenced, except where it was made to appear, to the satisfaction of the Circuit Judge or clerk of court, before the institution of the action, that the defendant had been guilty of the acts of fraud or concealment specified in the act of 1883, 18 Stat., 491.</p> <p>2. Ibid.—Ibid.—Presumptions.—There is a presumption that an officer does his duty, but from the clerk’s act in issuing an attachment against a foreign corporation on a complaint which does not show that any part of the debt claimed was not yet due, no presumption arises that the clerk was satisfied of the existence of those facts which justify an action on a debt before it is payable.</p> <p>3. Contracts—Place of Performance.—Whether a cause of action arose in this State is a mixed question of law and fact. Where a contract is made in another State, to be performed and completed in this State, the cause of action for the value of the work done under the contract arises in this State.</p> <p>4. New Trial Nisi granted by the Supreme Court.</p>