Smith v. Steen

Citations

• 38 S.C. 361
• 16 S.E. 1003
• 1893 S.C. LEXIS 56

Syllabus

<p>1. Call foe Ceeditoes — Statute of Limitations — Plea.—Where a creditor comes in under call, and presents his claim against the estate of his deceased debtor, the plaintiff, the administrator of deceased, makes a sufficient plea of the statute of limitations against the claim so presented, by having the plea entered upon the minutes of the master, though it would be better practice to make it formally in writing,</p> <p>2. Peesumption of Payment — Limitations op Actions — Deposit.—A paper in these words, “Received of T., one hundred dollars, to be returned when called for,” dated and signed by the maker, is a mere certificate of deposit; and until demand made by the depositor for the return of the money, or tender by the bailee, no cause of action arose thereon, and the statute of limitations and presumption'of payment from lapse of time are inapplicable.</p> <p>3. Ibid. — Teiee.—The question of presumption of payment is one of fact, but must be passed upon by the Circuit Judge in all cases where he sits as. a trier of facts.</p>