Tindall v. McCarthy
Supreme Court of South Carolina
Before Gary, J., Beaufort, February, 1895. Action by Albert Tindall against Justin McCarthy, commenced December 3, 1894. Plaintiff being asked on the witness stand from whom he got the lighter mentioned in the complaint, replied: “It used to belong to F. W. Schepper; he hired her to me; I gave my note for it; I was responsible.”
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice McIyer.
In the plaintiff’s complaint *488two causes of action are stated: 1st. The sale and delivery by the plaintiff to the defendant of a quantity of gravel, at the price of twenty-five dollars, and the breach of the promise to pay for the same. 2d. The second cause of action is thus stated in the complaint: “That the quantity of gravel sold and delivered as above alleged to the defendant, was contained, when so delivered, in a lighter, which was also delivered to the defendant on said day, for the purpose of unloading and discharging,…
2Cases cited7 opinions
- American District Telegraph Co. v. WalkerCourt of Appeals of Maryland · 1890
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Drake v. WhiteMassachusetts Supreme Judicial Court · 1875
- McEvers v. Steamboat SangamonSupreme Court of Missouri · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Farmers' Union Mercantile Co. v. AndersonSupreme Court of South Carolina · 1917
- Jenkins v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1908
- Marlow v. Conway Iron WorksSupreme Court of South Carolina · 1924
- Fairmont Coal Co. v. Jones & Adams Co.Court of Appeals for the Seventh Circuit · 1905