47 S.C. 176 | S.C. | 1896
The opinion of the Court was delivered by
The action in this case is based upon a contract, in writing, bearing date 2d May, 1890, a copy of which is set out in the first paragraph of the complaint, which reads as follows: “This is to certify that I have this day received of M. P. Ansel, attorney, $335, my third of the amount, less costs, fees, and expenses, of the compromise made of the judgment of Greer & Moseley v. A. L. Herren, and agree that, if I am not made to
The counter-claim, based upon the $50 note, above mentioned, seems to have been reduced by payments to the sum of $10, besides interest, as to which there does not appear to have been any real controversy — the real controversy being as to the amount of the expenses incurred by Latimer in his successful effort to avoid accountability to the estate of Hewlett Sullivan for the amount of the J. N. Greer judgment. After the testimony was closed, the jury were charged by his Honor, Judge Benet, as is set out in the “Case,” and the jury rendered a verdict in favor of the plaintiff for the sum of $388.40, on the 4th December, 1895. Judgment having been entered on this verdict, defendant appeals, upon the several grounds set out in the
The first six grounds raise the question as to the competency of certain testimony offered by defendant and excluded by the Circuit Judge. The seventh and eighth grounds raise the question as to whether there was error on the part of the Circuit Judge in his ruling, and in his charge to the jury, as to the point that the contract upon 7 which plaintiff’s action was based was nudum pachim. The ninth and tenth grounds impute error to the Circuit Judge in his instructions to the jury as to fixing what would be a reasonable fee for the professional services rendered Latimer in resisting the attempt to charge him with the amouut of the J. N. Greer judgment. The eleventh and last ground raises the question whether the plaintiff was entitled to interest on the contract sued on.
The judgment of this Court is, that the judgment of the Circuit Court be reversed, and the case remanded to that Court for a new trial.