Legal Opinion

Greene v. Washington

Supreme Court of South Carolina

Decided July 27, 1916No. 9482PublishedCited by 6 opinions

Before Shipp, J., Barnwell, May, 1915. Action by T. A. Greene against Henry Washington. From an order of reference with leave to amend the answer, plaintiff appeals. as to counterclaim, cite: 15 S. C. 461; 30 S. C. 167; Code Civ. Proc. 321; 93 S. C. 99. cite: As to equitable relief: 15 S. C. 458; Pom. Rem. 767; distinguish 45 S. C. 120; 54 S. C. 402. Equitable counterclaims allowed: 69 S. C. 227; 90 S. C. 128; Code Civ.

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Before Shipp, J., Barnwell, May, 1915. Action by T. A. Greene against Henry Washington. From an order of reference with leave to amend the answer, plaintiff appeals. as to counterclaim, cite: 15 S. C. 461; 30 S. C. 167; Code Civ. Proc. 321; 93 S. C. 99. cite: As to equitable relief: 15 S. C. 458; Pom. Rem. 767; distinguish 45 S. C. 120; 54 S. C. 402. Equitable counterclaims allowed: 69 S. C. 227; 90 S. C. 128; Code Civ. Proc., sec. 331; 49 S. C. 423; 34 S. C. 169. Order of trial discretionary: 70 S. C. 282; 76 S. C. 213. Reference: 40 S. C. 89; 64 S. C. 290; 65 S. C. 457.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

This was an action of claim and delivery to recover possession of certain personal property covered by a chattel mortgage, executed by defendant to plaintiff, the condition of which had been broken. The complaint was in the usual form of such actions.

The answer contained a general denial, and two affirmative defenses, stated in substance, as follows: First, That in January or February, 1913, plaintiff agreed to furnish defendant six tons of guano and other supplies upon which to make his crop of that year, and, to secure the same,…

2Cases cited9 opinions

  1. Reynolds v. PhilipsSupreme Court of South Carolina · 1905
  2. Singer Manufacturing Co. v. SmithSupreme Court of South Carolina · 1894
  3. Reynolds v. PriceSupreme Court of South Carolina · 1911
  4. Badham v. BrabhamSupreme Court of South Carolina · 1899
  5. Spears v. FieldsSupreme Court of South Carolina · 1905

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3Cited by6 opinions

  1. Newell Contracting Co. v. BlankenshipSupreme Court of South Carolina · 1924
  2. Mitchell v. Federal Intermediate Credit BankSupreme Court of South Carolina · 1932
  3. Brown v. HuskampSupreme Court of South Carolina · 1927
  4. Stewart v. SmithSupreme Court of South Carolina · 1926
  5. Weaver Piano Co., Inc. v. CurtisSupreme Court of South Carolina · 1930

1 more not listed; retrieve them via the Exa API.

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