Gibbes MacHinery Co. v. Hamilton
Supreme Court of South Carolina
Before J. Wm. Thurmond, Special Judge, Hampton, June, 1910. Action by Gib'bes Machinery Company against W. T. Hamilton ’and International Harvester Company of America. Defendant Hamilton appeals. cite: Judge should not refer issues for trial without consent: 64 S. C. 393; 34 S. C. 169. Issues here should be tried on calendar of issues of fact: Code of Proc. 373; 35 S. C. 80.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice PIydrick.
In an action for foreclosure by the assignee of a mortgage given to secure the purchase price of machinery, defendant, the mortgagor, denied the ¡allegations of the complaint, and set up, as affirmative defenses, misrepresentation and breach of warranty of the condition of machinery, failure of consideration-, and a counterclaim for damages for fraud and collusion between plaintiff and his assignor, the original mortgagee, in obtaining the mortgage from defendant. .Held, that defendant was not entitled to a trial by jury. Bouland…
2Cases cited3 opinions
- McLaurin v. HodgesSupreme Court of South Carolina · 1895
- Pratt v. TimmermanSupreme Court of South Carolina · 1904
- Bouland v. CarpinSupreme Court of South Carolina · 1887
3Cited by2 opinions
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
- Young v. VailNew Mexico Supreme Court · 1924