42 S.C. 28 | S.C. | 1894
The opinion of the court was delivered by
We think the defendant is entitled to a new trial upon the ground set up in his first ground of appeal. There is no merit in the other grounds of appeal presented by him. Substantially, his first ground of appeal alleges that Judge Izlar, before whom the action came on for trial, erred in sustaining plaintiff’s demurrer to the answer of defendant, because such answer relied on several counter-claims.
The facts necessary to understand the present contention seem to be about the following: W. J. Hill (defendant, appellant,) had made and delivered his promissory note, due at ninety days, for $500, to P. A. Gardiner, on the 13th March, 1891. But the said P. A. Gardiner, on August, 1890, gave his promissory note to said W. J. Hill for $200, due at one day; also, the said P. A. Gardiner gave another note for $250, due at one day, to the said W. J. Hill, in January, 1891; and, also, P. A. Gardiner owed the said W. J. Hill $50, for money borrowed on 25th March, 1891. P. A. Gardiner being indebted to others,