The gamecock. (Columbia, S.C.) 1908-2006, November 29, 1913, Page 6, Image 6
Thecase tried on Nov,18, *as
:resided ove. ly Hon. E. Marion
Rucker chief jQtice, assisted by
Mr. S. 4. Royal as as iato.jo,
tice
From -the beginning to the 'nd
of the trial there. rs hot. au
ret from. both :sides, which
showed that the case had been
studied carefullybytho atrneys,
The plaihtiff was ably represent
ed by Messrs. Brown and Snuler,
while Messrs Barre 'and Cudd
did justice-for the defendant.
The facts of the.case are suf
ficiently stated in the decision
which was rendered by Mr. S. J.
Royal, associate justice. The de
fense relied upon by the defend
ant's 'attorneys was, that the
plaintiff, Mary S. Hamilton, has
no legal right in her individual
capacity to sue on the following
contract that - was. entered ifito
by the husband of Mary S. Ham-'
ilton, and the defendant in this
action.
"In consideration of the prom
ise of Jame Hamilton to indorse
my promissory note for $7,000 to
the Railway National Bank of St.
Louis, the proceeds of said note
to be.used in-the development of
rmy mines in Colorado, I hereby
promise the said James Hamilton
to pay unto his wife, Mary S.
Hlamilton, the sum of $15,000.00
out of the proceeds of said mine,
it being my intention to sell said
mine as soon as developed and a
purchaser found.
"Arthur Bolton."
The defendant's contention be
ing that she is a stranger to the
contract and there is no consid
eration moving from her to the
promisor.
Decision by A. J. hoyal. Ac
tion by Mary Hamilton as bene
ficiary of a contract, s,against
Arthur Bolton for breach of con
tract.
The material facts- are as fol
lows: In Jun. 1908, the defend
ant and James Hamilton entered
into a contract. It provided thaa
in considertaion of the promise
of James Hamilton to endorse
defendant's note for $7,000.00,
the defendant - would pay out of
the proceeds of the mine $15,000
to Mary S. Hamilton, the plain
tif( appellant and wife of James
Hamilton. The money to be ob
tained by the note was to be used
.in development of defendant's
mine. ..The mine was a success:
*and has been sold for $250,000,
and although plaintiff haa. de
rnanded the $16,000, it ha4 never
beed .paid. Bolton paid the note
for $7,000. -
Under the statement of.facts
* submitted to this court the Issiue
narrows down to- the questiony
*whether or not Mary S. H*imil.
ton, as b'enefieiary, has a' rig'ht
+tates, the Court , t tlk
that as she is' t,plvy tQ the
thfn at our states
the"tille seis htb t a e a
whoj a',in1ficIary, to aCon t
may sue; although a strangerito
it.'
In our owp jurisdietion t e
cae never seems to ,have been
directly passed on, thit is, in a
cao Where the fa;t. are similar.
to these. In the case of Duncan
vs. Moon Dudley 832; the court
says: "Generally it may be laid
down as a rule that onp fon whose
benefit a contract is made may
maintain an aetion upon it.'
Again, in the case of Thompson
vs. Gordon, et al. , 3 Strob 196,
where a father intending to ben
fit his daughters, delivered to
his son certain 'chattels, hi con
sideration of which the son prom
ised to pay the 'sisters the. value
of- the chattels at the dea'th of
the father the court held. that the
daughters would have a right of
action against the son. The fol
lowing . language was used by
Judge Frost:. "If a promise be
made to one for the benefit of
another, the latter may sue on
the instrument."
Counsel for the respondent
have endeavored to distinguish
these cases from the present one,
but ,have offered 'none of this
jurisdiction to sustain their con
tention. The material fact is the
same in all, that the beneficiary
is bringing the action.
We therefore think that the
plaintiff has a right of action,
and - may maintain suit in her,
own name. ' Let the case be:re
manded, and new trial granted.
E. Marion Rucker, Chief Jus
tioe, concurring.
Roddey Medal Debate.
The Roddey Medal Debate will
be held December 17th. This is
one of the mostimportant contests
of the collegiate year. The query
is Resolved, "That the South Car
olina circuit and supreme court
judges should be elected by pop
ular vote." From the Clario
sophie Society the following men
will enter; ' Affirmative:' Craig,
Clinkscales, and Jeter; negative:
Sawyer, Mann, and Shealy.
From the Euphradian Society:
Affirmative, Danner, Bush and
Meyer; negative: McInness,'
Crawford, and. Dinkins.
Sophomore Football Electioga
The Sophomore class has elect-,
ed the following class football
.officers: Manager, Black; Coachi
Leroy Dunn~ The captain will
be chosen by the squad.
F. H. ESiley, last year 'a rem
ber of the Junior class 'here, was
on the campus' Saturday. Mr.
Riley is 'teaching 'school 'at his
home
I t
- ur a41sychra:
- *
'dor
e.w FaHusas sold la tis ahy IAMd any erdstis fi.1
Bhr-r-r.r!
l nybody with iny spunk
wvould be ripping mad. Think
Think of it. The same ready
Inade suit that cost you $25
at the beginning of the sea
son-same style-same mate
-./ rial-same everything-now
- advertised. for $9.75. Jsn't
it the wQgst ever? Gt wise
. old ioy, "yo4re.no goat.
Suits and Made 'to
Overcoats Order
That's our price-all year round for the swellest little
clothes, made right for--your back, that you ever lamps.d.
Come on over and get a square deal. We want to save you $10.
1417 Columbia
Main St. S.C.
CopgrIght 1913 Leen Sigma",
CENT RAL DRUG CO.,Ic.
SUCCESSORS T.O
* Heywrd's Pharmacy
W. E. OAUGHMAN, Mgr.
Telephones 170 and 415 * 1202 MAIN STREET
Why not send "her" The amue ?