4 S.C.L. 266
Supreme Court of South Carolina
Decided January 15, 1809
Supreme Court of South Carolina · decided 1809-01-15
Action on a note of hand, due plaintiff’s intestate, who died partially insolvent. After his death, the defendant obtained cer. tain bank checks, which he set up against the action, by way of discount, and the same discount was allowed by the jury, although objected to by the plaintiff.
Decided 1809-01-15
¶1declared the opinion of the whole court, 16th January, that it would be incompatible with the wise provisions of the act of distributions of 1789, to give to the discount law the construction contended for by the defendants, and would operate injustice, and encourage peculation. That it could never have been intended by the makers of the discount law to extend its operation to such a case.
¶2Motion granted.