Gaffney v. Bradford

Court of Appeals of South Carolina

Gaffney v. Bradford

18 S.C.L. 441

DecidedJune 15, 1831

StatusPublished

This text of 18 S.C.L. 441 (Gaffney v. Bradford) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaffney v. Bradford, 18 S.C.L. 441 (S.C. Ct. App. 1831).

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Opinion

Harper, J.

delivered the opinion of the Court.

This case is determined by a former decision of this Court, in the case of Brown v. Rogers, at Columbia, Spring Term, 1827. A person in possession of negotiable notes of an absent debtor may be made a garnishee in attachment, but not the maker of the notes. The probability is so great, that the absent dqbtor [442]*442may have transferred negotiable notes, that it would be too great a [iartis}r¡p to COmpel the maker to pay the money, and resort indemnity, if he should be compelled to pay it over again. The motion is granted.

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Harper, J.

delivered the opinion of the Court.

This case is determined by a former decision of this Court, in the case of Brown v. Rogers, at Columbia, Spring Term, 1827. A person in possession of negotiable notes of an absent debtor may be made a garnishee in attachment, but not the maker of the notes. The probability is so great, that the absent dqbtor [442]*442may have transferred negotiable notes, that it would be too great a [iartis}r¡p to COmpel the maker to pay the money, and resort indemnity, if he should be compelled to pay it over again. The motion is granted.

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Bluebook (online)

18 S.C.L. 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaffney-v-bradford-scctapp-1831.