Wallace v. Dyson

Court of Appeals of South Carolina

Wallace v. Dyson

28 S.C.L. 127

DecidedNovember 15, 1842

StatusPublished

This text of 28 S.C.L. 127 (Wallace v. Dyson) 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

Wallace v. Dyson, 28 S.C.L. 127 (S.C. Ct. App. 1842).

Pincite

Opinion

Curia, per

Earle, J.

It is an essential quality of a pro[128]*128missory note under the statute, that it should be for the payment of money only, and not for the payment of money land the performance of some other act. It was so held in Martin vs. Chauntry, Str. 1271, which has been followed ever since. The statement of the consideration as “ for the hire of negroes, (naming them,) for the present year,” would in no degree invalidate the paper as a promissory note. But three out of four of the instruments sued on, contain other stipulations, to furnish clothing, pay taxes, not to pay physician’s bills, and the like. These are mere agreements, and must be sued on as such.

The motion for a new trial is granted. As one of the instruments sustains the action, the plaintiff has leave to amend his declaration as to the others.

Richardson, O’Neall, Evans, Bdtler, and Wardlaw, JJ. concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Curia, per

Earle, J.

It is an essential quality of a pro[128]*128missory note under the statute, that it should be for the payment of money only, and not for the payment of money land the performance of some other act. It was so held in Martin vs. Chauntry, Str. 1271, which has been followed ever since. The statement of the consideration as “ for the hire of negroes, (naming them,) for the present year,” would in no degree invalidate the paper as a promissory note. But three out of four of the instruments sued on, contain other stipulations, to furnish clothing, pay taxes, not to pay physician’s bills, and the like. These are mere agreements, and must be sued on as such.

The motion for a new trial is granted. As one of the instruments sustains the action, the plaintiff has leave to amend his declaration as to the others.

Richardson, O’Neall, Evans, Bdtler, and Wardlaw, JJ. concurred.

Cite This Page — Counsel Stack

Bluebook (online)

28 S.C.L. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-dyson-scctapp-1842.