Whitehill & Son v. Dacus & Jordan

Citations

• 49 S.C. 273

Syllabus

<p>Assignment — Reeease—Equity—Debtor and Creditor. — Where a creditor, in good faith, serves notice on the' assignee of his debtor that he will accept the terms of the assignment, and offers a release, and afterwards files the release, which is decided to have been filed too late, and he is thereby deprived of the benefit, under the assignment, of a releasing creditor, he may afterwards recover on his original demand, and have his release delivered to him for cancellation. Mr. Chief Justice McIver dissenting.</p>