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13 S.C.L. 350

Butler v. Denham

Supreme Court of South Carolina

Decided May 15, 1823

Supreme Court of South Carolina · decided 1823-05-15

Tried at Greenville, Spring Term, 1823. THE action was assumpsit on five negotiable notes of hand brought by the plaintiff as endorsee against the defendant as endorser.

Decided 1823-05-15

Mr. .Instice TIugsr

¶1delivered the opinion of the court *

Choice, for the motioh.Earle, contra.

¶2In this case, it is unnecessary to enquire whether the c6partnership of Davidson 4' Co. had been dissolved or not,Dttviciiim■ himself drew the notes and was bound by them, whether the copartnership existed or not. They were given for valuable consideration, and the endoi’ser has not been implicated directly or indirectly in 'the misconduct imputed to Davidson; as a bona fide payee he was entitled to all the rules which require a demand upon the drawer find notice to endorser. A new trial must then be granted.

Justices Colcock, Noll and Richardson, concurred.
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