Fiske v. Gerard

Supreme Court of South Carolina

Fiske v. Gerard

13 S.C.L. 11

DecidedJanuary 15, 1822

StatusPublished

This text of 13 S.C.L. 11 (Fiske v. Gerard) 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

Fiske v. Gerard, 13 S.C.L. 11 (S.C. 1822).

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Opinion

Mr. Justice Colcock

delivei’ed the opinion of the court:

The case of the executor of Taylor vs. Rodrick McDonald, (2 Con. Rep. 178,) relied on in support of this application was decided on a state of facts directly opposite to those reported by the Recorder in this case. — - There it appeared that “the Testator himself had given credit for a payment which the defendant knew nothing of,” to take his claim out of the operation of the statute of limitations. There is nothing in the case which says that receipts are to be presumed colorable. 'The contrary presumption is the correct one.

The motion is dismissed.

[12]*12Justices Nott, Bay, Richardson, Gantt and Johnson, concurred.

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Mr. Justice Colcock

delivei’ed the opinion of the court:

The case of the executor of Taylor vs. Rodrick McDonald, (2 Con. Rep. 178,) relied on in support of this application was decided on a state of facts directly opposite to those reported by the Recorder in this case. — - There it appeared that “the Testator himself had given credit for a payment which the defendant knew nothing of,” to take his claim out of the operation of the statute of limitations. There is nothing in the case which says that receipts are to be presumed colorable. 'The contrary presumption is the correct one.

The motion is dismissed.

[12]*12Justices Nott, Bay, Richardson, Gantt and Johnson, concurred.

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Bluebook (online)

13 S.C.L. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiske-v-gerard-sc-1822.