48 S.C. 430 | S.C. | 1897
Lead Opinion
The opinion of the Court was delivered by
This action was commenced on the 8th day of July, 1892, and first tried at the October term of the Court thereafter, before a jury that rendered a verdict in favor of the plaintiff. The defendant appealed to the Supreme Court, the judgment was reversed, and a new trial ordered, on the ground that the presiding Judge, under the allegations of the complaint, erroneously allowed the introduction of parol testimony explanatory of the certificates of ' deposit set out in the complaint. When the case was remanded to the Circuit Court, the plaintiff, on motion, was allowed to amend her complaint, so that, under the allegations of the amended complaint, competent parol testimony could be introduced to explain the certificates of deposit. The allegations of the first and second cause of action stated in the complaint are similar, except as to the dates and amounts of the certificates of deposit.
The second, third, fourth, fifth, and sixth paragraphs set forth in the first cause of action of the amended complaint are as follows: 2. “That on the 28th day of June, 1890, the plaintiff deposited with the defendant, and the defendant received from the plaintiff on deposit, the sum of $525, which said sum of money the defendant agreed and promised to pay to the plaintiff’s order one year after said date, with interest thereon at the rate of six per cent, per annum, payable semi-annually. 3. That before and at the time
The ninth exception is as follows: “Because his Honor should have granted defendant’s motion for a nonsuit, based upon the ground that the plaintiff intended to deposit her money in the old partnership bank and not in the defendant bank, and there was no evidence to show that the certificates sued on were intended to refer to the. defendant bank.” What was just said in regard to the eighth exception is applicable to the ninth. The circumstances attending the depositing of the money by the plaintiff were brought out in evidence, and it was for the jury to say what facts they established.
The thirteenth exception is as follows: 13. “Because his Honor, the presiding Judge, refused defendant’s sixth re-, quest to charge, ‘that if the jury believe that it is the usage of banks in general, and of the defendant bank in particular, to receive money from depositors over its counters only, or within the bank enclosure proper, the authority of the officers of the bank was limited to the receipt of money at such place, and if the plaintiff delivered her money to C. J. Iredell, the president of the defendant bank, at a place other than where such money was usually received, she assumed the responsibility of its reaching the bank as her money, and unless it did reach the bank as her money, she cannot hold the defendant responsible for it.’ ” What was
The fifteenth and sixteenth exceptions are as follows: 15. “Because his Honor, the presiding Judge, refused defendant’s eighth request to charge: ‘That the certificates of deposit sued on in this case are strong evidence to negative the fact that the contracts were made with the defendant bank.’ ” 16. “Because his Honor, the presiding Judge, refused defendant’s ninth request to charge: ‘That the certificates of deposit sued on in this case are conclusive evidence that the contracts were not made with the defendant bank, unless it is proven to the satisfaction of the jury that the plaintiff was induced to take them by the fraudulent representations of C. J. Iredell.’ ” These exceptions are disposed of by what was said in regard to the fourteenth exception.
The seventeenth exception is as follows: 17. “Because his Honor, the presiding Judge, refused defendant’s eleventh request to charge: ‘That the by-laws of the defendant bank introduced in evidence do not confer upon C. J. Iredell, as president, authority to receive deposits, or contract on its behalf.’ ” This exception is disposed of by what was said as to the eleventh exception.
Judgment affirmed.
Concurrence Opinion
Under the authority of Bickley v. Bank, 43 S. C., 528, I concur.