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2 Nott & McC. 464

Patton v. State Bank

Supreme Court of South Carolina

Decided May 15, 1820

Supreme Court of South Carolina · decided 1820-05-15

This was an action of assumpsit, tried before the honorable the Recorder of the Inferior City Court of Charleston, May, 1820, in which the jury found a special verdict, in the following words : “We find, that on the 10th of August, 1819, five halves of five bank bills of the bank of the defendants, payable to bearer, and amounting together, before they were cut, to the sum of one hundred 45.4j.KI and eighty dollars, the property *of the plaintiff, were enclosed by the J…

Decided 1820-05-15

¶1The opinion of the Court was delivered by

Johnson, J.

¶2The grounds on which this motion rests, have been so fully and ably considered in the learned opinion of the judge who tried the cause, in whose conclusions the Court concur, that the expression of that concurrence is all that is left to the Court.

¶3I will remark, however, on the question, as to the effect of cutting or severing the note or bill, on its negotiability, that the practice of cutting them for the purpose of transmitting them by different conveyances, had its origin unquestionably in an opinion that it destroyed its negotiability. So far, therefore, as usage could have any influence as to the legal construction, it favors the conclusion that a severance of the note destroys its negotiability. But I am fully satisfied that such is the legal effect, both on authority and principle.

¶4The motion is discharged.

Bat, Nott and RjchaRdson, JJ., concurred.
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