Park v. Brooks

Citations

• 38 S.C. 300
• 17 S.E. 22
• 1893 S.C. LEXIS 60

Syllabus

<p>1. Note — Cause of Action — Consideration.—A note is not a cause of action; the breach of the promise evidenced by the note is the cause of action. In such action, the consideration of the note need not be alleged or proved, and the same rule applies to an action on a new promise, evidenced by a payment endorsed on the note, and which is supported by the same consideration.</p> <p>2. Ibid. — New Promise — Pleadings.—A complaint which alleged the making of a promissory note by defendant to plaintiff, and “a new promise to pay what was due on said note, principal and interest, to the plaintiff, by paying to the plaintiff, and having it credited on said note, the sum of ten dollars,” sufficiently alleges, when “liberally construed with a view to substantial justice between-the parties,” a payment by defendant to plaintiff, and a consideration for the new promise.</p> <p>3. Circuit Judgment — Additional Grounds. — Can this court sustain the ruling of the court below in a jury case on a ground other than that upon which it was rested, where such additional ground relates to a ruling on the admissibility of evidence ?</p> <p>4. Note — Limitation of Action — Part Payment.. — A payment proved to have been made by the maker of a promissory note after it had become barred by the statute of limitations, is, by the express provisions of section 131 of the Code of Procedure, equivalent to a promise in writing by the maker to pay the debt, upon which action may be brought at any time within six years after such payment.</p>