Rose v. Winnsboro National Bank

Citations

• 41 S.C. 191
• 19 S.E. 487
• 1894 S.C. LEXIS 101

Syllabus

<p>1. An Exception to a ruling, not shown by the appeal record to have been made, overruled.</p> <p>2. Evidence — Comparison op Handwriting. — There would be no error in permitting a stub book, in which was an admitted signature of plaintiff, to be taken into the jury room, where plaintiff had raised a doubt as to her signature to other material writings, the rule being, that comparison, as an original means of ascertaining handwriting, will not be permitted, but may he introduced in aid of doubtful proof already offered. In this case there was positive testimony to the disputed signature.</p> <p>3. Ibid. — Notice to Produce — Secondary Proof. — After notice to the party to whom a letter was written to produce the original, and her failure to do so, there is evidence enough that such letter was in her control, to justify the court in permitting secondary evidence of contents.</p> <p>4. Charging Juries. — There is no error in refusing to charge a request where the matter requested was otherwise substantially charged.</p> <p>5. National Bank — Limitation of Actions. — Is a national bank a foreign corporation of the State in which it is located and carries on its banking business, in such sense that it may not plead the statute of limitations?</p>