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13 S.C.L. 379

Irby v. Vining

Supreme Court of South Carolina

Decided May 15, 1823

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

Marlborough district, October Term, 1823, Tried before Mr. Justice Gantt. THIS was an action brought on a note of hand, signed Vining 4’ Wilson, and dated 3rd April, 1820. The note was subscribed in the hand writing of Wilson, and it was admitted that the defendant and Wilson had been merchants trading under the firm of Vining 8y Wilson, and that the plaintiff had been one of their customers. G. jB.

Decided 1823-05-15

Mr. Justice Colcock

¶1delivered the opinion of the court:

¶2In the case of Jacob Martin vs. Wm. Walton & Co. (1 McCords Rep. 16,) and the case of the Bank of So. Carolina vs. Humphreys & Mathews, (Ibid, 388,) the court have determined that that which is tantamount to a personal notice, shall be sufficient. If such circumstances are proved as leave no rational doubt on the mind that one knew of the dissolution of the copartnership ; this is certainly as satisfactory as direct and positive proof. It is in fact, all that is meant by the rule ; for where a copartnership had existed for a long time, and an extensive business carried on, it would be difficult if not impossible to send to each customer direct and personal notice. The evidence, therefore, should have been received, and if it had not been satisfactory, the decree would have remained.

¶3The motion is granted.

Justices Johnson, Huger, Richardson and Nott, concurred.
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