Loeb v. Mann
Supreme Court of South Carolina
Before Izlar, J., Abbeville, January, 1893. Action by Leopold F. Loeb and others, partners as Loeb Bros. & Co., against W. D. Mann. J. S. Loeb, a witness for plaintiffs, was permitted to state that four packages of plaintiffs’ goods were found in defendant’s possession, and were recognized by him as such. Defendant objected to this testimony, insisting that the books of original entry, showing the consignment, were the best evidence, but the objection was overruled.
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Before Izlar, J., Abbeville, January, 1893. Action by Leopold F. Loeb and others, partners as Loeb Bros. & Co., against W. D. Mann. J. S. Loeb, a witness for plaintiffs, was permitted to state that four packages of plaintiffs’ goods were found in defendant’s possession, and were recognized by him as such. Defendant objected to this testimony, insisting that the books of original entry, showing the consignment, were the best evidence, but the objection was overruled. Defendant offered in evidence the mortgage under which the defendant took possession, but it was ruled out, the subscribing…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
This is an action of “claim and delivery” for certain articles of personal property. It seems that F. C. Perry was a retail liquor dealer in Abbeville; that he failed, having in his store the following articles, viz: two barrels of rye whiskey and two cases of fine brandy, worth in the aggregate $223.60; that these articles had been seized by the defendant Mann as sheriff, in behalf of one claiming to be a mortgage creditor of Perry, and that the articles were covered by his mortgage.
The plaintiffs are liquor dealers of Cincinnati,…
2Cases cited2 opinions
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