¶1dissented from the rest of the couit, and was of opinion that the nonsuit ought to be set aside, as the note was sufficient to take the case out of the statute, importing a sufficient consideration on the face of it.
5 S.C.L. 17
Stephens v. Winn
Supreme Court of South Carolina
Decided December 15, 1811
Supreme Court of South Carolina · decided 1811-12-15
Motion to set aside a nonsuit, and grant a new trial. Held: that the written promise given in evidence was nudum pactum, as it appeared to have been made without any consideration. See Peake’s Evid. 211. A nonsuit was ordered. The motion was argued May 4, 1810, before all the judges. agreed to the doctrine laid ^own the reporting judge ; but contended it did not apply to the case.
Decided 1811-12-15