Williams v. American Ry. Express Co.
Supreme Court of South Carolina
Before Mauldin,’J., Berkeley, December, 1920. Action by J. Russell Williams and C. P. Ballentine against American Railway Express Co. et al. Defendants de-. faulted and on motion Judge Bowman allowed them ten' days to answer.
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Before Mauldin,’J., Berkeley, December, 1920. Action by J. Russell Williams and C. P. Ballentine against American Railway Express Co. et al. Defendants de-. faulted and on motion Judge Bowman allowed them ten' days to answer. No answer was filed within this time, but some time thereafter notice was given of an oral demurrer.' From order refusing to hear such demurrer the defendants appeal. cites: Demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action may be interposed at any time even after default: Sec. 198 Code Civ. Proc. 1912; 50 S. C,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
Action for $650.00 damages on account of misrepresentation by the agent of the express company, as to the express rates upon a shipment of potatoes from St. Stephens, S. C., to New York City. Directed verdict on default in favor of plaintiffs for $600.50. The defendants appeal.
The complaint alleges, in substance, as follows:
That on June 3, 1920, the plaintiffs shipped by express from St. Stephens, S. C., 212 barrels of potatoes, consigned to A. E. Meyer & Co., New York City; that upon inquiry of the agent of the express company at…
2Cases cited13 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
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- Anderson v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1931
- MUT. SAVINGS AND LOAN ASSOC. v. McKenzieSupreme Court of South Carolina · 1980
- Hopkins v. HopkinsSupreme Court of South Carolina · 1975
- Atlantic Coast Line Railroad v. ParkSupreme Court of South Carolina · 1962