Hewitt v. Darlington Phosphate Co.

Citations

• 43 S.C. 5
• 20 S.E. 804
• 1895 S.C. LEXIS 131

Syllabus

<p>1. Assignment for Creditors — Releases.—Creditors are entitled to the preferences, given in'an assignment for creditors, to accepting and releasing creditors, where they filed with the assignee within the time limited written papers showing a clear intention to accept the preference given by the assignment, and in consideration therefor to release the debtor from all future liability on these demands, and that such acceptance and release should operate in presentí. The absence of seals did not affect the validity of the releases.</p> <p>2. Ibid. — Ibid.—Attorney.—A release executed by an attorney is effectual where there was written authorization to such attorney to represent the creditor at the creditors’ meeting and take such steps as were best for his interests. The omission of the word “release” from one of these papers did not invalidate it, where the context shows that it was a mere clerical omission.</p>