53 S.C. 77 | S.C. | 1898
The opinion of the Court was delivered by
The plaintiff brought this action on a note, of which the following is a copy: “$2,000. One day after date, we promise to pay to Mrs. K. W. Allen, or order, the sum of $2,000, for value received, interest at eight per cent, per annum. Allen & Cooley, (l. S.) Witness our hands and seal, November 20th, 1891.” The third paragraph of the complaint is as follows: “3. That on the 30th day of September, 1897, the said firm of Allen & Cooley was dissolved by mutual consent, and a division of the assets had; and on the same day, the said D. K. Cooley made and delivered to the said B. Berry Allen a paper, of which the following is a copy: ‘State of South Carolina, Abbeville. Know all men by this paper, that by reason of a mutual dissolution of the firm of Allen & Cooley, that I, D. K. Cooley, have bought the entire stock of goods and chattels belonging to the firm of Allen & Cooley, together with all notes, mortgages, accounts, liens, and deposits; and I do hereby assume all the indebtedness of the old firm, and do hereby release B. Berry Allen from all obligation in the payment of the same. (Signed) D. K. Cooley. H. C. Fennel, witness. September 30th, 1897.’ ”
The defendant admitted to be true all the allegations contained in said paragraph. For a defense, the defendant alleged that the note was not made and delivered to the plaintiff by the firm of Allen & Cooley, or by the defendant, or by B. Berry Allen, who was the other member of the firm. For a further defense, he alleged: That he did
The third exception is as follows: “8. In allowing the witness, J. Belton Watson, notwithstanding the objection of the defendant, to make the following answer to a question propounded to him by plaintiff’s attorney, to wit: ‘Well, taking into consideration what has been said, and taking into consideration the further fact that I went to Georgia to see a sister of mine, and came back by way of Towndesville, I should state that this is the time we had that conversation,’ the said answer being based upon the statements of others, being argumentative, and not stating facts, but merely the opinion of the witness.” At the close of the witness’ testimony, of which the above is only a part, the case shows the following: “Mr. Graydou objects. Objection overruled. Exception noted.” The ground of objection was not stated; and a ground of objection which was not ruled upon by the presiding Judge cannot be urged in this Court. But even if the testimony was erroneously admitted on the grounds stated in the exception, the error was harmless.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.