Edwards v. Dargan

Citations

• 30 S.C. 177
• 8 S.E. 858
• 1889 S.C. LEXIS 88

Syllabus

<p>1. This court concurred with referee and Circuit Judge in finding as facts that there had been no new contract or alteration of the old one. This being so, there was no discharge of the surety. Mere indulgence to the principal does not release the surety.</p> <p>2. An open account, secured by bill of sale of a chattel, does not hear interest in favor of the original debtor, nor of his assignee who purchased it at the debtor’s request.</p> <p>3. Finding of fact by referee and Circuit Judge affirmed.</p> <p>. 4. An action to foreclose a chattel mortgage may he maintained against a senior mortgagee in possession of the chattel, where it is of a greater value than the senior mortgage debt; but in such a case no personal money judgment can be entered against the defendant, for he is not the debtor.</p>