Cannon v. Cox
Supreme Court of South Carolina
Before Rice, J., Florence, April, 1913. Action by Francis Cannon against G. O. Co-x. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion.
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Before Rice, J., Florence, April, 1913. Action by Francis Cannon against G. O. Co-x. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. There was no actual levy of distress, as the goods were not removed before plaintiff replevied them in claim and delivery proceedings: 3 McC. 38; 81 S. C. 220; 19 S. C. 200. Gross negligence will not support punitive damages: 60 S. C. 73; 65 S. C. 44. Claim and delivery proceedings bar this action: 42 S. C. 386-7; 42 S. C. 205; 72 S. C. 33; 81 S. C. 519; 57 S. C. 14; 71 S. C. 456, distinguished because prior to act of ipop.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chíbe Justice Gary.
This is an action under section 3520, volume I, Code of Taws, 1912, to> recover actual and punitive damages on account of an alleged unreasonable and excessive distress for rent made by the defendant on the goods of the plaintiff.
The jury rendered a verdict in favor of the plaintiff for $250.00, and the defendant appealed.
The first exception is as follows:
1 “His Honor erred, it is respectfully submitted, in refusing to grant defendant’s motion for a nonsuit, on the cause of action based on wilfulness, made at the close of…
2Cases cited3 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
- Kirven v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1907
3Cited by6 opinions
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Mitchell v. Federal Intermediate Credit BankSupreme Court of South Carolina · 1932
- C. M. Davis Son & Co. v. StukesSupreme Court of South Carolina · 1923
- Beattie v. City CouncilSupreme Court of South Carolina · 1920
- Ludlow v. KingSupreme Court of South Carolina · 1918
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