James Freeman Brown Co. v. Harris
Supreme Court of South Carolina
Before MemmingFr, J., Spartanburg, April, 1909. Action by James Freeman Brown Co'. against R. Guy Harris, receiver of Fairmont Mills. Defendant appeals. cite: Judge Townsend gave no permission io take property from the receiver: 149 U. S. 479; 20 L. R. A. 391; 169 U. S. 459; 46 S. C. 252. Plaintiff had no right to take the goods from the receiver: 59 Am.
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Before MemmingFr, J., Spartanburg, April, 1909. Action by James Freeman Brown Co'. against R. Guy Harris, receiver of Fairmont Mills. Defendant appeals. cite: Judge Townsend gave no permission io take property from the receiver: 149 U. S. 479; 20 L. R. A. 391; 169 U. S. 459; 46 S. C. 252. Plaintiff had no right to take the goods from the receiver: 59 Am. Dec. 159. Plaintiff has no lien on the property: Par. on Con. 23, 258; 96 U. S. 477; 19 Ency. cite: Goods were in the possession of the plaintiff: 19 Cyc. 160, 161, 162 p2 So. 457; Jones onRiens, sec. 460-; 38 N. E., 128; 10.Bos. 505; 54 N.…
1Opinion of the Court
The opinion in this case was. filed on March 27, but remittitur held up on petition for rehearing until
May 4, 1911.
The opinion of the Court was delivered by
Mr. Justice Hydrick.
In an action by the Morgan Wood'and Iron Works against Fairmont Mills, a receiver of the defendant’s assets was appointed and its creditors called in. James Freeman Brown Company, a creditor, filed a petition in re, alleging that it had a cause of action against the mills on a contract which the receiver refused to- perform, and obtained leave to bring suit against him “to enforce said contract and to settle and…
2Cases cited1 opinion
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
3Cited by3 opinions
- National Cash Register Co. v. BurnsSupreme Court of South Carolina · 1950
- National Cash Register Co. v. BurnsSupreme Court of South Carolina · 1950
- National Cash Register Co. v. BurnsSupreme Court of South Carolina · 1950