Gambrell v. South Carolina National Bank

Supreme Court of South Carolina

Gambrell v. South Carolina National Bank

158 S.E.2d 200, 250 S.C. 380, 1967 S.C. LEXIS 207

Supreme Court of South Carolina·Decided November 30, 1967·No. 18731·Published

Opinion

Per Curiam:

In this action on contract for a money judgment, the defendant pled total failure of consideration and, alternatively, pled an offset. The Circuit Court sustained the defense of failure of consideration, holding that the defendant was not indebted to plaintiff, and sustained the alternative plea of offset. The plaintiff has appealed on the sole ground that the Court erred in sustaining the alternative plea, leaving unchallenged the Court’s finding that the defendant was not indebted to plaintiff under the contract. Therefore, there is no debt against which an offset could be allowed, and the question sought to be raised by the appeal has become moot.

Appeal dismissed.

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Per Curiam:

In this action on contract for a money judgment, the defendant pled total failure of consideration and, alternatively, pled an offset. The Circuit Court sustained the defense of failure of consideration, holding that the defendant was not indebted to plaintiff, and sustained the alternative plea of offset. The plaintiff has appealed on the sole ground that the Court erred in sustaining the alternative plea, leaving unchallenged the Court’s finding that the defendant was not indebted to plaintiff under the contract. Therefore, there is no debt against which an offset could be allowed, and the question sought to be raised by the appeal has become moot.

Appeal dismissed.

Gambrell v. South Carolina National Bank, 158 S.E.2d 200, 250 S.C. 380, 1967 S.C. LEXIS 207 (S.C. 1967).

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158 S.E.2d 200 (Gambrell v. South Carolina National Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.