Dial v. Agnew

Citations

• 28 S.C. 454
• 6 S.E. 295
• 1888 S.C. LEXIS 71

Syllabus

<p>1. Action on notes held by a partnership should be in the name of the survior or (he being dead) of his legal representative. The administrator of the partner who first died is not a necessary party.</p> <p>2. The sale of a mortgaged chattel by the mortgagee after condition broken does not extinguish the debt, if the proceeds of sale are insufficient ; the mortgagor is liable to the mortgagee for the deficiency.</p> <p>3. Error cannot be assigned to a refusal to charge that which was not requested.</p> <p>4. In action to recover on notes given by a married woman, the judge charged the jury that as to her separate estate she has all the rights to contract that a grown man would have. Held, no error.</p> <p>5. The Circuit Judge having instructed the jui-y as to the law by which they were to be governed as recently expounded by the court of last resort, committed no error in intimating his own personal opinion in favor of a contrary construction.</p> <p>6. This court will not consider alleged error in a charge upon a matter-not affecting the case.</p> <p>7. A married woman is liable for a debt contracted by her in making a purchase for the benefit of her own separate estate.</p> <p>S. Whether there was sufficient evidence to sustain a verdict, and whether' the Circuit Judgo erred in refusing to grant a now trial moved for upon-this ground, cannot be considered by this court.</p> <p>9. An exception not considered because couched in terms too general.</p>