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Harrison v. Crosby

Harrison v. Crosby.

Harrison v. Crosby, 88 S.E. 1102 (S.C. 1916)
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Court
Supreme Court of South Carolina · State Highest Courts
Decided
April 13, 1916
Docket
No. 9379
Judges
Hydrick, Messrs, Watts, Gage, Gary, Fraser
Citations
88 S.E. 1102104 S.C. 3501916 S.C. LEXIS 128
Disposition
Reversed.
Syllabus
Bills and Notes — Issues—Direction op Verdict.- — -In an action on a promissory note by an indorsee thereof, in which the testimony tended to show plaintiff acquired the note by purchase for value before maturity without notice of any failure of consideration or other infirmity in the note, and defendant had no testimony showing such notice, a verdict for the plaintiff should have been directed.
Summary
Before'Hon. C. J. Ramage, special Judge, October, 1914. Action by C. W. Harrison against S. W. Crosby. From a judgment for defendant, plaintiff appeals. cites: As to presumption in favor of holder as indorsee for value, etc.: 87 S. C. 78; 28 S. C. 143; 32 S. C. 538. Charge: 64 S. C. 509; 77 S. C. 39. ' cites: As to circumstantial evidence of holder's bad faith: 91 S. C. 461.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hydrick

The opinion of the Court was delivered by Mr. Justice Hydrick.

This case is controlled by the decision in Bank v. Stackhouse, 91 S. C. 455, 74 S. E. 977 , 40 L. R. A. (N. S.) 454, which has been reaffirmed in numerous cases, some of' which are cited in Givens v. Bank, 103 S. C. 174, 86 S. E. 24 . See, also, Cannon v. Clarendon Hardware Co., 103 S. C. 538, 88 S. E. 284 . The verdict should have been directed for plaintiff.

Judgment reversed.

Messrs. Justices Watts and Gage concur in the opinion announced.

Mr. Chief Justice Gary and Mr. Justice Fraser did not sit in this case, and did not participate in the decision.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11924: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Farr-Barnes Lumber Co. v. Town of St. George112 S.E. 24 (S.C. 1924)
  2. Merchants Nat. Bank v. Smith96 S.E. 690 (S.C. 1918)

Most recent

  1. Farr-Barnes Lumber Co. v. Town of St. George112 S.E. 24 (S.C. 1924)
  2. Merchants Nat. Bank v. Smith96 S.E. 690 (S.C. 1918)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Citizens Trust & Sav. Bank v. Stackhouse, 74 S.E. 977 (S.C. 1912) 21
Cannon v. Clarendon Hardware Co., 88 S.E. 284 (S.C. 1916) 2
Givens v. Seaboard Air Line Ry., 86 S.E. 24 (S.C. 1915) 1

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