McCord v. Blackwell

Citations

• 31 S.C. 125
• 9 S.E. 777
• 1889 S.C. LEXIS 13

Syllabus

<p>1. A non-suit is proper only where there is no testimony tending to show a material fact. Whether the testimony is sufficient to establish such fact must be determined by the jury.</p> <p>2. In action against a married woman on her note, there being some testimony tending to show that she signed the note, that it was given to close an account for goods purchased by her husband in her name, as he had previously done of other goods for which she paid, that she had a separate estate, and that the account was contracted, in part at least, with reference to that separate estate, a non-suit was properly refused.</p> <p>3. All the evidence showing that the note sued on was executed in South Carolina though payable in Georgia, and the judge having instructed the jury correctly as to the laws of this State, and that if executed here the laws of this State would govern, his remarks concerning the Georgia law, of which there was no proof before him, were immaterial, and therefore not a proper ground for exception.</p> <p>4. If the contract made by a married woman for the purchase of goods is shown to have been made by her with reference to her separate estate, she is liable, oven though the goods so purchased were not expended by her on her separate property or for its benefit.</p> <p>5. It is error of law in a Circuit Judge to refuse a new trial where the jury by their verdict have plainly violated his instructions ; but where the charge is that a married woman cannot be held liable on so much of her note as was given for goods furnished her tenants, it cannot be said that the jury violated this instruction where they were further told that she would bo liable for so much of those goods as had reference to her separate estate, and where the verdict was for a less sum than the amount due on the note.</p> <p>6. A motion for new trial in a law case on the ground of insufficient evidence, is exclusively within the jurisdiction of the Circuit Court.</p> <p>7. All instructions t