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9 S.C.L. 31

Price v. Perry

Supreme Court of South Carolina

Decided May 15, 1818

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

This was art action of assumpsit against the deiendant, as an endorser oí a promissory note 7 * ^ given by Thomas Lee to the defendant, and by him endorsed by the plaintiff’s testator.

Decided 1818-05-15

¶1*32The opinion of the Court was delivered by

Mr. Justice Cheves.

¶2The evidence to contradict or vary the legal efFedt of the endorsement, 1 think, was not legally admissible: but that is not made a question in this case. The evidence went to the Jury, and was fairly submitted to them. They were the proper judges of it, and the Court sees no reason to believe they drew a wrong conclusion. The motion is, therefore, refused.

Grimké, Colcock, Gantt, and Johnson, J. concurred.Mott, J. dissented.
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