Straub v. Screven

Citations

• 19 S.C. 445
• 1883 S.C. LEXIS 95

Syllabus

<p>1. A note having been given for the purchase of goods delivered to the maker, the payee “retaining title, ownership and possession” until the note was fully paid, the parties stood toward each other in the relation of mortgagor and mortgagee, and, on default, the payee might seize some or all of the goods, or he might sue on the note.</p> <p>2. A subsequent mortgagee having seized some of these goods, and then, on threat of suit, surrendered a part to the payee of said note and paid $50, the maker is entitled to credit on his note only for what the payee so received.</p> <p>3. A mortgagor of chattels is entitled to credit only for the net proceeds of sale of, the chattels seized on default, the expenses of seizure and sale being deducted.</p> <p>4. Contracts must be construed by the words which they contain, and not with reference to words omitted or erased.</p> <p>5. The complaint stated the note and credits, and demanded judgment for a. specified sum. The answer admitted these allegations. The judge who tried the cause reduced the amount of one of the credits, and gave judgment for a sum larger than was demanded. Held, that to this extent there was error. This case distinguished from Kaphan y. Syan (6), 16 S. CL 352, and Chapman y. Lipscomb, 18 S. C. 235.</p> <p>6. The appeal sustained nisi.</p>