National Bank v. Southern Ry.—Carolina Division
Supreme Court of South Carolina
Before Hon. W. A. Holman, special Judge, Camden, Action by the National Bank of Savannah against the Southern Railway — Carolina Division.
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Before Hon. W. A. Holman, special Judge, Camden, Action by the National Bank of Savannah against the Southern Railway — Carolina Division. Judgment for defendant, and plaintiff appeals. cite: As to plea in bar: Action on contract rather than tort: 85 S. C. 537; 89 S. C. 415; 13 Cyc. 85, 86 ; 13 S. C. 88; 3 McC. 499, 500; 10 Rich. 382; 202 Fed. 90. Only one satisfaction allowed: 23 Cyc. 1214; 9 Cyc. 654; 1 N. & McC. 318; 2 Bailey 404; 2 McM. 184; 67 S. C. 499; 58 L. R. A. 301-308; 38 Me. 566; 6 R. I. 45; 50 Wis. 138; 36 Am. Rep. 830; 6 N. W. 518; 64 Mo. App. 368; 60 Wis. 248; 18 N. W. 927; 41…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Watts.
This is an action of plaintiff against the defendant for $13,094.04, and interest at 7 per cent, per annum from January 6, 1911. The defendant answered denying the material allegations of the complaint. At that time there was pending in the United States Court for the District of South Carolina an action by the same plaintiff against the Kershaw Oil Mill and Lancaster Oil Company, which action was based on the same facts set out in the complaint herein. 202 Fed. 90, 209 Fed. 835, 232 U. S. 725. This case in the United States Court…
2Cases cited3 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- National Bank of Savannah v. Kershaw Oil MillCourt of Appeals for the Fourth Circuit · 1912
- Kershaw Oil Mill v. National BankCourt of Appeals for the Fourth Circuit · 1913
3Cited by7 opinions
- Halsey v. Minnesota-South Carolina Land & Timber Co.Supreme Court of South Carolina · 1934
- McWhirter v. Otis Elevator Co.District Court, W.D. South Carolina · 1941
- Garner v. Wyeth Laboratories, Inc.District Court, D. South Carolina · 1984
- St. Charles Mercantile Co. v. Armour & Co.Supreme Court of South Carolina · 1930
- American Fidelity & Casualty Co. of Richmond v. Zurich General Accident & Liability Ins.District Court, W.D. South Carolina · 1947
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