Seacoast Packing Co. v. Schein
Supreme Court of South Carolina
Before DeVorE, J., Beaufort, March., 1921. Action by Seacoast Packing Co. against D. Schein. From order striking out certain defenses in the answer, the defendant appeals. cite: Defense that subscription not payable until all stock is subscribed is a good one :■ 72 Atl. 399 (Md.); 16 Ann. Cas. 1247; 52 Atl. 975 (Md.) ; 93 Am.
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Before DeVorE, J., Beaufort, March., 1921. Action by Seacoast Packing Co. against D. Schein. From order striking out certain defenses in the answer, the defendant appeals. cite: Defense that subscription not payable until all stock is subscribed is a good one :■ 72 Atl. 399 (Md.); 16 Ann. Cas. 1247; 52 Atl. 975 (Md.) ; 93 Am. St. Rep. 339; 7 R. C. R. Sec. 20.3; 6 S. W. 134 (Tex.); 15 S. W. 674 (Tex.). Misstatement as to personnel of officers a good defense: 131 N. C. 178; 42 S. E. 576; 34 Beav. 630; 8 Ry. & Corp. E. J. 197; 62 R. T. N. S. 30; 23 Ch. Div. 413,49 R. T. N. S. 348; 33 R. R. A.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is a case similar to the case of Seacoast Packing Co., v. Long, filed herewith, 108 S. E. 159.
The complaint alleges that the defendant subscribed in writing for 10 shares of the capital stock of the plaintiff corporation, and had failed to comply with the terms of his contract. Ah order was made on motion of the plaintiff striking out the second, third, and fourth defenses. From this order the defendant appealed.
1 1. There was no error in striking out the second defense. This defense was¡ based on mere rumor, not connected in…
2Cases cited1 opinion
- Seacoast Packing Co. v. Long.Supreme Court of South Carolina · 1921