Sargent v. of Clarkson

Court of Appeals of South Carolina

Sargent v. of Clarkson

22 S.C.L. 292

DecidedFebruary 14, 1837

StatusPublished

This text of 22 S.C.L. 292 (Sargent v. of Clarkson) 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

Sargent v. of Clarkson, 22 S.C.L. 292 (S.C. Ct. App. 1837).

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Opinion

Mr, Justice O’Neall

delivered the opinion of the court.

The .plaintiff has mistaken his remedy. Neither the defendants nor their fasistor, are indebted to the plaint' ff, by the judgment [293]*293Which this action is brought. The assignor of the testator is the debtor ; and if the defendants be at all responsible, it is for such funds of the insolvent assignor, which were properly applicable to the payment of the plaintiff’s debt, received by their testator, and neither by him or them, so applied. The judgment on which the plaintiff sues, imposes no legal obligation on the defendants ; and it follows that they rightly demurred.

Sargent, in pro. per., for motion.

King, contra. Filed 14th February, 1837.

The motion to reverse the judgment of the Circuit Court, is dismissed.

JOHN B. O’NEALL.

We concur,

RÍCHARD GANTT. JOSIAH J. EVANS, J. S RICHARDSON, A. P. BUTLER.

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Mr, Justice O’Neall

delivered the opinion of the court.

The .plaintiff has mistaken his remedy. Neither the defendants nor their fasistor, are indebted to the plaint' ff, by the judgment [293]*293Which this action is brought. The assignor of the testator is the debtor ; and if the defendants be at all responsible, it is for such funds of the insolvent assignor, which were properly applicable to the payment of the plaintiff’s debt, received by their testator, and neither by him or them, so applied. The judgment on which the plaintiff sues, imposes no legal obligation on the defendants ; and it follows that they rightly demurred.

Sargent, in pro. per., for motion.

King, contra. Filed 14th February, 1837.

The motion to reverse the judgment of the Circuit Court, is dismissed.

JOHN B. O’NEALL.

We concur,

RÍCHARD GANTT. JOSIAH J. EVANS, J. S RICHARDSON, A. P. BUTLER.

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Bluebook (online)

22 S.C.L. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sargent-v-of-clarkson-scctapp-1837.