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13 S.C.L. 11

Fiske v. Gerard

Supreme Court of South Carolina

Decided January 15, 1822

Supreme Court of South Carolina · decided 1822-01-15

IN the city court, July Term, 1821. — This process was brought for the recovery of an account, amounting to $ 33 au'^ for $ 15 50, the balance on a note, making together $'tS 50. The note was originally given for $ 65 50, with interest from-1817, a receipt for $ 50 was indorsed upon it by the plaintiff on the 2d of April, 1819.

Decided 1822-01-15

Mr. Justice Colcock

¶1delivei’ed the opinion of the court:

¶2The case of the executor of Taylor vs. Rodrick McDonald, (2 Con. Rep. 178,) relied on in support of this application was decided on a state of facts directly opposite to those reported by the Recorder in this case. — - There it appeared that “the Testator himself had given credit for a payment which the defendant knew nothing of,” to take his claim out of the operation of the statute of limitations. There is nothing in the case which says that receipts are to be presumed colorable. 'The contrary presumption is the correct one.

¶3The motion is dismissed.

*12Justices Nott, Bay, Richardson, Gantt and Johnson, concurred.
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