52 S.C. 371 | S.C. | 1898
The opinion of the Court was delivered by
This action was commenced January 15th, 1896, against the administrator and sole heir at law of Mattie Gaither, deceased, to recover on two notes, one dated November 21st, 1888, payable one day after date, for $450, with interest; the other, dated January 9th, 1893, payable one day after date, for $235.39, with interest at eight per cent, per annum; and also on an open account for cash, goods, supplies and merchandise alleged to have been furnished by plaintiff to said Mattie Gaither, at her request, in her lifetime, between January 1st, 1893, and December 31st, 1893, amounting to $113.35, and also for compensation for plaintiff’s time and attention in the supervision of the farms of said Mattie Gaither, amounting to $62.50; for all of which, less a credit of $52.29 on said open accounts, judgment was demanded. jHakie Gaither died May 20th, 1893, leaving as her sole heir at law the defendant,-Sallie G. Martin, who is the wife of plaintiff, who was in possession of the real estate and the small amount of personalty of which Mattie Gaither died seized and possessed, when the action was commenced. The defendant, Jennings, qualified as administrator of Mattie Gaither, September 27, 1895.
As to the $450 note above mentioned, the complaint alleged, “That after the death of the said Mattie Gaither, the
The defendant, Sallie G. Martin, answered, pleading payment as to the $450 note, denying that she had promised in writing to pay said note, and pleading the statute of limitations to the action thereon. As to the second note, she plead payment by proceeds of rent paid to plaintiff by tenants of the defendant’s plantation, her separate estate, and also by proceeds of rents and profits of the one-horse farm on the plantation of Mattie Gaither, deceased, for the years 1893, 1894, and 1895. As to the open account sued on, she plead general denial and payment. As to all the causes of action, she plead as counter-claims the reception of rents by plaintiff of her separate estate, and from farm lands of Mattie Gaither descended to her, for years 1893, 1894, and 1895.
The jury rendered a verdict in favor of the defendant; motion for a new trial was made and refused, and now plaintiff appeals, alleging error in the rulings of the Circuit Judge as to the exclusion, and as to the admission of certain testimony, in his charge and refusal to charge certain matters to the jury, and in refusing the motion for a new trial.
The judgment of the Circuit Court is affirmed.