2 Nott & McC. 399
Supreme Court of South Carolina
Decided May 15, 1820
Supreme Court of South Carolina · decided 1820-05-15
Tried before Mr. Justice Richardson, at Lancaster, Spring Term, 1820. This was a sum. pro., in which the discount was offered within nine months, during which the administrator is protected from suit by the Act of 1789. The presiding judge thought the discount, operating in the nature of an action, could not be pleaded within the time. The plaintiff had a decree, from which the defendant appealed, on the ground that the discount was admissible.
Decided 1820-05-15
¶1The opinion of the Court was delivered by
¶2My brethren are of opinion, that if the administrator thinks proper to sue within the time, the discount must be allowed, for it is to be considered more as a payment than a demand of a debt. The motion is granted.