Butler v. Denham

Supreme Court of South Carolina

Butler v. Denham

13 S.C.L. 350

DecidedMay 15, 1823

StatusPublished

This text of 13 S.C.L. 350 (Butler v. Denham) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Denham, 13 S.C.L. 350 (S.C. 1823).

Pincite

Opinion

Mr. .Instice TIugsr

delivered the opinion of the court *

Choice, for the motioh. Earle, contra.

In this case, it is unnecessary to enquire whether the c6partnership of Davidson 4' Co. had been dissolved or not,Dttviciiim■ himself drew the notes and was bound by them, whether the copartnership existed or not. They were given for valuable consideration, and the endoi’ser has not been implicated directly or indirectly in 'the misconduct imputed to Davidson; as a bona fide payee he was entitled to all the rules which require a demand upon the drawer find notice to endorser. A new trial must then be granted.

Justices Colcock, Noll and Richardson, concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. .Instice TIugsr

delivered the opinion of the court *

Choice, for the motioh. Earle, contra.

In this case, it is unnecessary to enquire whether the c6partnership of Davidson 4' Co. had been dissolved or not,Dttviciiim■ himself drew the notes and was bound by them, whether the copartnership existed or not. They were given for valuable consideration, and the endoi’ser has not been implicated directly or indirectly in 'the misconduct imputed to Davidson; as a bona fide payee he was entitled to all the rules which require a demand upon the drawer find notice to endorser. A new trial must then be granted.

Justices Colcock, Noll and Richardson, concurred.

Cite This Page — Counsel Stack

Bluebook (online)

13 S.C.L. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-denham-sc-1823.