Gibbes MacHinery Co. v. Rivers
Supreme Court of South Carolina
Before Wieson, J., Hampton, November, 1912. Action by A. M. Gibbes, trading as Gibbes Machinery-Company, against J. T. Rivers, in court of magistrate J. G. Murdaugh. From Circuit order affirming magistrate judgment plaintiff appeals.
1DissentJustice Watts
The record in the case shows that the respondent, on March 20, 1911, bought of the appellant and gave for the same part cash and balance in notes and at the same time executed and delivered to the appellant a chattel mortgage covering the machinery SO' sold to the respondent to' secure the payment of the notes. The notes were not paid at maturity and demand was made upon respondent for possession of the machinery under chattel mortgage. Possession of the same was refused to' the appellant and appellant thereupon brought an action in claim and delivery for the possession of the machinery or in…
2Cases cited5 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Albany & Northern Railway Co. v. Merchants & Farmers BankSupreme Court of Georgia · 1912
- Whitcomb v. MandervilleSupreme Court of South Carolina · 1912
- Morgan & Austin v. MoorheadSupreme Court of South Carolina · 1911
- Myers v. BurnsidesSupreme Court of South Carolina · 1911