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41 S.C.L. 407

Rice v. Wright

Court of Appeals of South Carolina

Decided May 15, 1854

Court of Appeals of South Carolina · decided 1854-05-15

Before O’Neall, J., at Laurens, Spring Term. 1854. John D. Wright and Robert McCann purchased property jointly, and gave their .joint and several promissory note for $1500 in part payment, to John Wilson, or bearer. Wilson transferred the note to S. L. Maddox, who brought separate actions thereon against the makers, and recovered judgments— against Wright in Laurens, and against McCann in Anderson.

Decided 1854-05-15

¶1The opinion of the Court was delivered by

O’Neall, J.

¶2The decision in the case of Wilson, assignee of Norris, vs. Wright, (a) is decisive in this case.

¶3For if the indorser may, by paying the judgment against himself, and obtaining an assignment of the judgment against the maker, be allowed to hold that judgment as a purchaser, certainly the bail of McCann, on paying the judgment against himself, will be allowed not only to acquire the judgment against his principal, but also that against the other joint and several maker, where both are principals. He is a purchaser of the judgment, as he had the right to be, for his own protection.

¶4The motion to reverse the Circuit decision is dismissed.

Withers, Whitner, Glover and Munro, JJ., concurred.Wardlaw, J. See my concurrence with result in the case of Wright and Wilson.

¶5Motion dismissed.

¶6(a) Anto, p.399.

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