Pinchback v. Administrators of M'Craven

Court of Appeals of South Carolina

Pinchback v. Administrators of M'Craven

10 S.C. Eq. 307

DecidedMay 15, 1833

StatusPublished

This text of 10 S.C. Eq. 307 (Pinchback v. Administrators of M'Craven) 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

Pinchback v. Administrators of M'Craven, 10 S.C. Eq. 307 (S.C. Ct. App. 1833).

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Opinion

A receipt is only prima facie evidence that all matters were then accounted for, and finally settled; it is not conclusive, 'and if fraud or mistake can be shown, relief will be granted against it; and therefore, where on a bill to account, the defendant produced a receipt in full, if the plaintiff can show that there were other moneys not embraced in the receipt, and not then accounted for, he may do so, and will be entitled to relief. See Benjamin v. Sinclair, 1 Bailey, 175; M’Dowell & Black v. Lemaiter, 2 M’C. 320.

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A receipt is only prima facie evidence that all matters were then accounted for, and finally settled; it is not conclusive, 'and if fraud or mistake can be shown, relief will be granted against it; and therefore, where on a bill to account, the defendant produced a receipt in full, if the plaintiff can show that there were other moneys not embraced in the receipt, and not then accounted for, he may do so, and will be entitled to relief. See Benjamin v. Sinclair, 1 Bailey, 175; M’Dowell & Black v. Lemaiter, 2 M’C. 320.

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Bluebook (online)

10 S.C. Eq. 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinchback-v-administrators-of-mcraven-scctapp-1833.