Rathburn v. Jones

Citations

• 47 S.C. 206
• 25 S.E. 214
• 1896 S.C. LEXIS 130

Syllabus

<p>1. Evidence — Coeeaterae—Note.—A certificate of stock pledged as collateral to a note, may properly be admitted in evidence in a suit upon the note.</p> <p>2. Ibid. — Conversation'—Note.—The whole of a conversation with defendant about the payment of a note is competent evidence in an action upon the note when payment is denied.</p> <p>3. Instrument — Coeeaterae—Note.'—An instrument may legally include a promise to pay,' and a pledge of collateral to secure its payment, over one signature.</p> <p>4. SaeE — Coeeaterae.—It is not error in the Circuit Judge in this case to order the pledged collateral sold at instance of either party.</p> <p>5. Words and Phrases. — The words, “without recourse,” as used in the instrument sued on here, properly held to apply only to the stock pledged.</p>