Lites v. Addison

Citations

• 27 S.C. 226
• 3 S.E. 214
• 1887 S.C. LEXIS 124

Syllabus

<p>1. A party may take such exceptions to a charge as he pleases, and neither the opposing party nor the Circuit Judge can amend those exceptions. Hence it folloAvs, that matters which appear only in the exceptions, arc not otherAAÚsc a part of the case, and cannot be considered by this court.</p> <p>2. Where the maker of a past duo note was asked hy one about to purchase it whether it Avas all right, and the maker replied that he had given the note, that it Avas all right and he expected to pay it in January, such maker cannot afterwards defeat a recovery thereon by such purchaser upon the ground of failure of consideration.</p> <p>3. The representation thus made Avas not of something in the future, nor the mere expression of an opinion; nor can it be said to have been made in ignorance of the facts, because that further time was neces- ’ sary to determine whether the consideration of the note would answer the purpose for Avhich it was intended.</p> <p>4. A representation by the maker of the validity of a past due note will work an estoppel in favor of the purchaser, acting under such representation, even though it was made without intent to deceive.</p> <p>5. Estoppel need not be specially pleaded — certainly not as to a defence which is set up in an answer that requires no reply.</p>