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47 S.C.L. 191

Kimbrel v. Glover

Court of Appeals of South Carolina · decided 1861-05-15

BEFORE WITHERS, J.; AT YORK, FALL TERM, 1859. Held: should be added likewise thirteen dollars and forty-seven cents, costs in the case pending.

Decided 1861-05-15

¶1The opinion of the Court was delivered by

Johnstone, J.

¶2Though there may have been no count for interest, the report is to the contrary; and according to the rule of this Court we are to be governed by it.

¶3Were it otherwise, upon the count for money had and received, interest might be allowed.

¶4We concur, also, in the ruling of the Circuit Judge, respecting the note which Withers had transferred to Springs. It was not a partnership demand of Glover and Withers, but was the individual property of Withers. By his transfer, he *195made it the property of Springs; and if Kimbrel had been made to pay it here, he would not thereby have been exonerated from paying a second time to Springs.

¶5Glover had no right to the money.

¶6It is ordered that the motion be rejected.

O’Neall, C. J., concurred.Wabdlaw, J., absent at the hearing.

¶7Motion refused.

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