Poag v. Wade

Supreme Court of South Carolina

Poag v. Wade

9 S.C.L. 183

DecidedMay 15, 1818

StatusPublished

This text of 9 S.C.L. 183 (Poag v. Wade) 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

Poag v. Wade, 9 S.C.L. 183 (S.C. 1818).

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Opinion

The opinion of the Court was delivered by

Mr. Justice Gantt.

I am of opinion that the decree ought to be set aside, inasmuch as I conceive the principle of the law to be the reverse of that established by the decision of the presiding Judge. A want of consideration cannot be pleaded against the claim of an endorsee, standing in the character of the present plaintiff: that is, a bom fide holder of a negotiable paper, endorsed before due, for valuable consideration, and without any notice had of a want of consideration. I think a new trial should be had.

Grimke, Mott, Colcoch, Johnson, and Cheves, J, concurred.

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The opinion of the Court was delivered by

Mr. Justice Gantt.

I am of opinion that the decree ought to be set aside, inasmuch as I conceive the principle of the law to be the reverse of that established by the decision of the presiding Judge. A want of consideration cannot be pleaded against the claim of an endorsee, standing in the character of the present plaintiff: that is, a bom fide holder of a negotiable paper, endorsed before due, for valuable consideration, and without any notice had of a want of consideration. I think a new trial should be had.

Grimke, Mott, Colcoch, Johnson, and Cheves, J, concurred.

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Bluebook (online)

9 S.C.L. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poag-v-wade-sc-1818.