American Cotton Oil Co. v. Saluda Oil Mill Co.
Supreme Court of South Carolina
Before Hon. Edw. McIver, special Judge, Saluda, Fall term, 1916. Action by the American Cotton Oil Company against Saluda Oil Mill Company and B. W. Crouch and others.
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Before Hon. Edw. McIver, special Judge, Saluda, Fall term, 1916. Action by the American Cotton Oil Company against Saluda Oil Mill Company and B. W. Crouch and others. Judgment for defendants, and plaintiff appeals. cite: Civil Code, secs. 2814 to 2816. As to duties of trustees: 81 S. C. 511; 28 A. & E. Enc. of L. 1068. Liability to creditors of corporation: 29 W. Va. 344; 1 S. C. 717; 39 Cyc. 296, 298; 28 A. & E. Enc. of E. 1050 and 1067; 2 Hill 500; Perry Trusts (2d ed.), secs. 433 and 863. cite: As to liability of directors: Clark Corporations 605, 606, 608, 609; 33 Am. Rep. 320. Acts as…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The Saluda Oil Mill Company shipped to the American Cotton Oil Company, the plaintiff, a certain lot of oil and drew a draft on the plaintiff for it. This draft was promptly paid. When the shipment arrived, it was found to be short in quality and quantity, and that the plaintiff had overpaid the amount due by $702.70. The Saluda Oil Mill Company was promptly notified of the shortage and as to the amount overpaid. Mr. Crouch, one of the defendants, was secretary and treasurer of the Saluda company, and wrote to the plaintiff:
“We…
2Cited by1 opinion
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