Greenville v. Ormand

Citations

• 51 S.C. 58
• 28 S.E. 50
• 1897 S.C. LEXIS 56

Syllabus

<p>1. Evidence — Negotiable Notes. — Conversations between the in-dorsers of a negotiable note and the payee, in presence of the payer, as to its negotiation, are competent in an action on the note by the holders against the principal and sureties.</p> <p>2. Ibid. — Books oe Account. — When books of account are in existence, a witness can only speak of the account from memory, when he can state all the items without deriving such knowledge from the books.</p> <p>3. Evidence — Negotiable Notes. — Conversations between the makers of a negotiable note, at time of execution, are not competent in an action by a legal holder for value, unless it be shown that such conversations were communicated to the holder before purchase.</p> <p>4. Ibid. — Practice—Appeal.—It is harmless error to rule out testimony offered by a defendant, when same fact has been proved by plaintiffs’ witness.</p> <p>5. Negotiable Note — Indorsers.—An accommodation indorser may withdraw his name from a negotiable note at any time before its negotiation. Dictum.</p> <p>6. Appeal — Judgment—Supreme Court. — This Court will not consider a question as to the amount of a judgment exceeding the amount of the verdict, raised for the first time here.</p> <p>7. Negotiable Note — Practice—Remedy.—The holder of a negotiable note, with notice that it was executed by sureties for purpose of being discounted by the payee, and with notice that the payee indorsed it without consideration, has no title which he can enforce against the sureties, although he paid the principal full value for it. Justice Pope dissenting.</p>