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12 S.C.L. 199

Poole v. Tolleson

Supreme Court of South Carolina

Decided May 15, 1821

Supreme Court of South Carolina · decided 1821-05-15

ThE plaintiff was the en.. dorsed by the defendant, at The plaintiff demanded pa] but without giving notice oi this action against the endo (Huger,) holding that the ;ee of a promissory note, en-the note had become due. it of the maker of the note ; refusal to pay, commenced . : And the presiding Judge ■ice of a refusal to pay was unessential, in such a case, gavina decree for the plaintiff ; Whereupon the defendant moved this court to reverse the decree, and for anon-suit…

Decided 1821-05-15

Justice Johnson:

¶1I dissent. I agree that notice was-íiécessaiy, but with regard to the time at which it must be given," it may be done at any time before action was *203brought, and I think the acceptance of the service of the process authorized the presumption of notice.

Gist Roddy, for the motion,M"Kibbin, contra.Justice Nott concurred with Justice Johnson.
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