Witte v. Weinberg

Citations

• 37 S.C. 579
• 17 S.E. 681
• 1893 S.C. LEXIS 2

Syllabus

<p>1. Findings of Fact—Equitable Defence.—In an action at law, this court cannot consider alleged errors in the findings of fact by the court below. Where, however, an equitable defence is interposed to a legal demand, findings involved in the issue raised by such defence may be reviewed on appeal, but will not be reversed, where there has been concurrence by referee and judge, unless the clear result of the testimony points manifestly to a different conclusion, or there is no testimony to support such findings.</p> <p>2. Ibid.—Payment by Note.—Where dealings between factor and customer had gone on for several successive years, a note given for the balance due at the end of every year, and carried forward into the account of advances for the next succeeding year, and payment of the note for the balance at the end of 1887 was provided for in an agreement made to cover the advances for 1888, this court approved the findings by the master, concurred in by the Circuit Judge, that the account prior to 1888 was paid by this note.</p> <p>3. Usury—Note for Past Interest.—A note given in January, 1888, for the balance due on an open account, which included interest at ten per cent. on advances, the note calling for ten per cent, interest on the principal of the note is not usurious.</p> <p>4. Agreement—Estoppel.—In January, 1888, a factor sent to his customer to sign an agreement calling for advances by the former to the latter for the ensuing year to an amount not exceeding $7,000, the advances to bear ten per cent, interest per annum. The customer interlined the words, “guanos not included in this,” and signed the agreement and returned it, but the factor, while retaining it, declined to accept the modification. Nevertheless, the customer continued to draw and the factor to advance nearly to the amount of $7,000. Held., that the customer was estopped from alleging that there was no written agreement for the payment of ten per cent, interest on the advances of that year.</p