Nehbe v. Price

Decided January 15, 1820

Supreme Court of South Carolina · decided 1820-01-15

This was an action of assumpsit, on a blacksmith’s account, amounting to $438 43. *To this, non-assumpsit, and a discount, amounting to $372 05, were r*aoQ pleaded. The plaintiff proved his account. The defendant then produced several orders drawn by the intestate on his factor, in favor of the plaintiff, on which were receipts signed by him.

Decided 1820-01-15

¶1The opinion of the Court was delivered by

HxjgeR, J.

¶2It has been repeatedly decided in this Court, that an estate is not bound by the contracts of an administrator; so much therefore of the account as occurred subsequent to the death of the intestate, ought to have been omitted.

¶3The order drawn by the plaintiff on the intestate, in favor of A. Gray, or bearer, and found among the papers of the intestate, not being rebutted by other evidence, was sufficient to entitle the defendant to a deduction, pro tanto.

¶4I am of opinion, therefore, that on both grounds, the appellant is entitled to a new trial.

Richardson, Nott and Johnson, JJ., concurred.Coclock, J., dissented.Gantt, J., was absent nearly this whole term, holding the Circuit Court.