Nott v. Thomson

Citations

• 35 S.C. 461
• 14 S.E. 940
• 1892 S.C. LEXIS 195

Syllabus

<p>1. Married Women's Contracts — Innocent Endorsee. — Where a married woman made her promissory note in terms that show that it was made with reference to her separate estate, an innocent endorsee for value before maturity has a right to rely upon the statements in the note, and the maker is estopped from denying them against such endorsee, unless she proves that he knew them to be untrue. Knowledge by the payee will not affect the endorsee.</p> <p>2. Evidence. — Where a party purchases fertilizers from the agent of a guano company, and gives a promissory note in payment to the agent in his own name, who transfers it to another by endorsement, in action by the endorsee against the maker — testimony as to whether the agent had settled with his principal, is irrelevant.</p> <p>3. Parers in Jury Room. — -There is no error in permitting the note in suit, with a calculation of the interest due thereon, to be taken by the jury into the jury room.</p>