The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-01-17
Statement of Facts.

This action was instituted May 81, 1892, upon scaled note
signed by the defendants dated February g. lS9 due ninety
days $780, payable W. c. Dodson interest from
date at per ue received in printing supplies lncud
ing type, &C., -
The complaint alleges . The partnership 2l The execu-
ton and delivery of the note by the defendants to w. Dods
in the city Atlanta @ The assignment OF the note py
Dodson plaintiffs subsequent to its execution and delivery and
before maturity. () Nonpayment 59 The negotiabity
the under the laws of Georgia Co., Amount due upon
the note.
The defendants F. Perry and W. r. Crews failed to answer
and judgment by default taken against them The other de-
PENDANTS answered. Q) Admitting the partnership ) Ad-
itting the assignment of the note. 9 general denial N
Altering by way defence that they sureties that the
note was enable Perry to purchase lot OF printing
supplies W. Dodson of Atana that the consideration
was expressed in the that Perry agreed to execute
mortgage upon material indemnify that Perry
did not deliver the note Dodso but procured the same to be
discounted by plaintiffs and applied part OF the proceeds 10 the
purchase of material using the remainder for his own benefit
giving Dodson first mortgage upon the whole to balance
due purchases all without the knowledge consent of the
defendants The defendants therefore contend that their contract
has been the consideration and that the note has
never been delivered
The was tried before Judge the March Te 1S93
resulting in nOnsuit.
The facts of the case appear follows from the plaintiffs tet
mony The all lived in the city of Greenvie the
payee the note dealer in printing material IN the city OF
of Atlanta Perry the purpose of purchasing lot
of sch material signed the upon this and
cured the signatures of the defendants in the city of Grsenve
On the same day they executed catte mortgage and after
debted W. Dodson in the of 500 by note with D. r.
Latimer c. and j. W. Gray suetes thereto mort
gagged to said suretes indemnify them from lo an engine
also all the printing material have bought OF '" Y.
Dodson, for which this note is given"
On or about day B. Perry went to Atlanta to per-
feet his with Dodon He went into Dodsons Office as the
latter in his testimony, oo l6 says: "To purchase some
printing MATERIAL about which had had some correspond
ence" AT folio Dodson says That they had approximately
but not accurately agreed upon amount of goods he was to
buy by correspondence Perry presented the note 10 Dodso
and asked that he accept cash in payment OF MS pucha
folio 16) Dodson declined do so, telling him that he had
quoted him the cash price hence would not accept note
no matter how good lieu of cash. DodOn then suggested to
Perry that he 20 if he cond not discount the note
and then pay cash the goods Perry left Dodsons office ana
went to see plaintiffs He Mr. Conners, of the firm, and
told him that Doson would not accept the note but wanted
the money instead M COnner told him he could not let him
have the money until Johnson the head clerk of Mr.
Dodson Conno Johnson and in consequence Of
what Johnson said Connors back and let Perry have 67O
upon the note of $780, Perry went back to Dodson ana Win
s6O in his pocket Doson he could pay him $500 cash on the
purchase of $3.50 printing supplies Dodson agreed to
this and took agreement from him reserVng title TO
the whole security for the $50 unpaid short time AFTER
wards Perry bought additional 5000 worth from Dodson upon
the condition. allowing to retain title to all the maera
as security" foo H. The note never in Dodsons posses
sion folio a. and sevel weeks after the transaction certainly
several days. Dodson endorsed the note to Weyan Conne
folio 2 he considered their possession pa ace evil
dence their property and they entitled to have
it endorsed to them,' folio 2S
POINTS AND AUTHORITIES.
We submit every allegation made in the sustain
ed bv the testimony behalf of plaintiffs with the sim
Ole exception the endorsement by Dodson made after
the maturity the This is mmaeral The case may
well be considered if the plaintiffs had demurred to the an
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