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

CourtSupreme Court of South Carolina

DecidedNovember 30, 1967

Docket18731

StatusPublished

This text of 158 S.E.2d 200 (Gambrell v. South Carolina National Bank) 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

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

Pincite

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.

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Bluebook (online)

158 S.E.2d 200, 250 S.C. 380, 1967 S.C. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gambrell-v-south-carolina-national-bank-sc-1967.