Commercial Security Co. v. Donnald Drug Co.
Supreme Court of South Carolina
Before Bowman and PeuriFoy, JJ., Anderson, Fall term, 1917, and Spring term, 1918. Action by the Commercial Security Company against the Donnald Drug Company. Judgment for defendant, and plaintiff appeals. cites: As to amendment of complaint during trial: 3 Cyc. 224; the Negotiable Instruments Act, sec. 59 (Acts 1914, pp. 668-696, inclusive), sec. 52; Code of 1912, vol. II, sec. 219; Pomeroy’s Code of Remedies, 4th Ed., pp. 612-636; 54 S. C. 109; Code of 1912,'vol.
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Before Bowman and PeuriFoy, JJ., Anderson, Fall term, 1917, and Spring term, 1918. Action by the Commercial Security Company against the Donnald Drug Company. Judgment for defendant, and plaintiff appeals. cites: As to amendment of complaint during trial: 3 Cyc. 224; the Negotiable Instruments Act, sec. 59 (Acts 1914, pp. 668-696, inclusive), sec. 52; Code of 1912, vol. II, sec. 219; Pomeroy’s Code of Remedies, 4th Ed., pp. 612-636; 54 S. C. 109; Code of 1912,'vol. II, sec. 209; Code of 1912, vol. II, sec. 307; sec. 220, vol. II; Code of 1912, vol. II, sec. 224; section 97, subdiv. 10.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action upon four “promissory notes;” a verdict directed for the defendant; appeal by the plaintiff. The verdict ought not to have been directed, and the judgment thereon must be set aside. The “case” is of the meagerest sort in the statement of essentials. The cause was up for trial in the Circuit Court at two separate terms. At the first term the plaintiff offered in evidence a “deposition of Roland A. Crandall, a witness in behalf of plaintiff.” It was admitted in evidence.
The “case” recites that: “Eor the purpose of this action,…
2Cases cited1 opinion
- Pee Dee Naval Stores Co. v. HamerSupreme Court of South Carolina · 1912
3Cited by2 opinions
- Weirton Savings & Loan Company v. CortezWest Virginia Supreme Court · 1974
- Commercial Security Co. v. Donald Drug Co.Supreme Court of South Carolina · 1920