Bratton v. Lowry

• Court: United States State Supreme Court of South Carolina
• Citation: 39 S.C. 383,17 S.E. 832
• Parties: BRATTON. v. LOWRY et al.
• Decision Date: 27 June 1893

17 S.E. 832
39 S.C. 383

BRATTON.
v.
LOWRY et al.

Supreme Court of South Carolina.

June 27, 1893.

Wife's Separate Estate —Liability for Borrowed Money —Impeaching Verdict —Construction of Writing —Question for Court.

1. Where a married woman borrows money from one who is led to believe that it is for her separate use, her contract to repay the same may be enforced whether it was in fact borrowed for her use or that of her husband.

2. Where there was no objection to the verdict by any of the jurors when the same was given, a motion for a new trial on the ground that the verdict was "hastened by an alarm of fire in the town" is properly denied.

3. A receipt given to defendants by plaintiff for money received "to be credited on the note due myself by" defendants (naming them) is sufficiently descriptive of the note to which it should be applied to require its interpretation by the court rather than by the jury.

Appeal from common pleas circuit court of York county; James Aldrich, Judge.

Action by J. Rufus Bratton against M. B. Lowry and John T. Lowry on a promissory note. Plaintiff had judgment, and defendants appeal. Reversed with conditional order.

Jones & Williams, for appellants.

Wm. B. McCaw, for respondent.

McGOWAN, J. The defendant M. B. Lowry is the wife of her codefendant, John T. Lowry, and the sister of the plaintiff, J. Rufus Bratton. The complaint alleged that on July 13, 1885, M. B. Lowry and John T. Lowry, the former as principal and the latter as surety, covenanted with the plaintiff, J. Rufus Bratton, under their hands and seals, to pay to the plaintiff, J. Rufus Bratton, or to his order, the sum of $500 borrowed

[17 S.E. 833]

money, with interest at 10 per cent, from date, as will more fully appear by the following copy of the said note, to wit: "One day after date, for value received, we or either of us promise to pay J.R. Bratton or order five hundred dollars, interest at 10 per cent. Witness our hands and seals this, the 13th July, 1885. [Signed] M. B. Lowry. [L. S.] John T. Lowry. [L. S.] "—alleged that no part of the note had been paid; and demanded judgment thereon for the amount due nnd interest.

The defendants answered separately, and, after being allowed to amend their answers, they were as follows: Mrs. M. B. Lowry admitted the execution of the note, but pleads that (1) she signed the note not as principal, but as surety, (2) interposes a general denial, (3) and for a further defense alleges that at the time she signed the note she was a married woman, and that said note was given for money borrowed by her huband, John T. Lowry, and for his use, and was a contract which did not concern her separate estate. John T. Lowry also admitted the execution of the note sued on, but (1) denied that Mrs. Lowry signed the note as principal and he as surety; (2) claimed that on December 10, 1880, he paid the plaintiff in settlement $133, which should have been credited on the note in suit; and (3) that the note was given for money borrowed of plaintiff by himself, and did not relate to the separate estate of his codefendant, M. B. Lowry, who at that time was, and is now, his wife."

There was much conflicting testimony as to who made the contract for and received the borrowed money for which the note sued on was given, and also as to the credit which the defendants claimed should have been placed on the note in suit. The testimony is all printed in the record, including certain papers or "receipts, " relating to the credit of $133 claimed by the defendants. It seems that upon some "settlement" between the parties the plaintiff fell in debt to J. T. Lowry in the sum of $133, but, as Lowry owed the plaintiff a larger sum, the agreement was that Lowry should receipt for that sum, and that Bratton would give him credit for the same. The following papers were proved: "No. 1: Received December 10th, 1889, of J. R. Bratton, (J. T. Lowry,) one hundred and thirty-three dollars, balance due me in final settlement to this date, the same to be credited on the note due myself by M. B. Lowry and J. T. Lowry. [Signed] J. R. Bratton." The respondent admitted that the name of J. R. Bratton, in the bod3^r of the receipt, should be J. T. Lowry. At the same date J. T. Lowry gave J. R. Bratton the following receipt: "No. 2: Received December 10th, 1889, of Dr. J. R. Bratton, one hundred and thirty-three dollars, in full of all settlements up to date. [Signed] John T. Lowry." No. 3: At the time this settlement was made John T. Lowry owed J. R. Bratton another note, as follows: "One day after date, for value received, I promise...