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9 S.C.L. 183

Poag v. Wade

Supreme Court of South Carolina

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was a summary process brought by the plaintiff against the defendants on a note of hand, which had been transferred before due.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Mr. Justice Gantt.

¶2I am of opinion that the decree ought to be set aside, inasmuch as I conceive the principle of the law to be the reverse of that established by the decision of the presiding Judge. A want of consideration cannot be pleaded against the claim of an endorsee, standing in the character of the present plaintiff: that is, a bom fide holder of a negotiable paper, endorsed before due, for valuable consideration, and without any notice had of a want of consideration. I think a new trial should be had.

Grimke, Mott, Colcoch, Johnson, and Cheves, J, concurred.
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