48 S.C. 308 | S.C. | 1897
Lead Opinion
The opinion of the Court was delivered by
The appeal herein is from an order-of his Honor, Judge Witherspoon, sustaining an oral de
It is the judgment of this Court, that the order of the Circuit Court be reversed.
Dissenting Opinion
While concurring in the result, 1 am unable to concur in so much of the opinion of Mr. Justice Gary as holds the instrument in question non-negotiable, because of the provision relating to attorney’s fees. The stipulation is as follows: “And if this note is collected by suit, or placed in the hands of an attorney for collection, we promise to pay ten per cent, attorney’s fees for collection in
Concurrence Opinion
I concur in the result, by which a new trial is awarded, owing to error in Circuit Judge sustaining the oral demurrer.