48 S.C. 337 | S.C. | 1897
The opinion of the Court was delivered by
This was an action brought by the plaintiffs, as endorsees, to recover the amount due on a promissory note for $75.35, bearing date 1st of October, 1894, whereby R. R. Youmans promised to pay to the order of M. F. Brabham the said sum of money three months after the date of said note, which said note was transferred to plaintiffs by said Brabham, by endorsing his name thereon. It was referred to a referee to hear and determine the issues of fact and law in the case. The referee made his report, together with the testimony taken by him, from which it appears that the defendant, Youmans, was never served with the summons and complaint, and hence is not properly before the Court, though the “Case,” as prepared for argument here, is entitled as above. The referee found that the defendant, Brabham, was justly indebted to plaintiffs in the amount mentioned in said note by virtue of his blank endorsement thereon, and he, therefore, adjudged that the plaintiffs have judgment against said Brabham for said amount and interest. To this report, defendant, Brabham, filed sundry exceptions, and the case was heard by his Honor, Judge Earle, upon said report and exceptions, who, in a short order, confirmed the report of the referee, and made the same the judgment of the Court. From this judgment the defendant, Brabham, appeals, upon the several grounds set out in the record, which should be incor
So, also, as to thé points raised by the fourth, fifth and sixth grounds of appeal, it is clear that they are entirely immaterial. The fact that plaintiffs gave Brabham a receipt acknowledging the settlement of his account by the transfer and endorsement of the note, so far from relieving the appellant from liability as endorser on the note, rather tended to show the contrary, as it afforded the plaintiffs additional security for the payment of the amount due them by Brabham. As to the letter of plaintiffs to Youmans, we are unable to perceive its relevancy to the case. If the plaintiffs, in order to obtain more prompt payment of the debt due them, saw fit to offer Youmans the opportunity of paying the note, which was not then due, but had about two months to run, at a discount, we do not see how that could in any way affect the liability of the appellant, as endorser. If the offer had been complied with by Youmans, that would have relieved Brabham, as endorser, but as it was not complied with, it had no effect whatever upon Brabham’s liability, as endorser, as such liability would not be fixed until the maker had failed to pay the note at maturity.
As to the first and seventh grounds of appeal, they are manifestly too general to require any further-notice.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.