34 S.C.L. 223
Court of Appeals of South Carolina
Decided November 15, 1848
Court of Appeals of South Carolina · decided 1848-11-15
Before Wardlaw, J. at Abbeville, Spring Term, 1848. The plaintiff, by the name of Mary A. Quarles, in her summary process, set forth that the defendant was indebted to her by a note, under seal, of which a correct copy was given. The note was produced, and the hand-writing proved. The defendant moved for a non-suit, because the note was payable to M. A. Quarles, and it did not appear that the plaintiff was the payee.
Decided 1848-11-15
¶1delivered the opinion of the Court.
¶2The count is in effect that the defendant made his obligation payable to the plaintiff, by the name of M. A. Quarles. The name thus expressed by initials, indicated the plaintiff according to familiar usage, and accompanied by the plaintiff’s possession of the obligation, was certainly prima fade evidence of the allegation.
¶3The motion is refused.
¶4Motion refused.