National City Bank v. Huey & Martin Drug Co.
Supreme Court of South Carolina
Action 'by the National City Bank against the Huey & Martin Drug Company and the Calhoun Drug Company, based on indebtedness of the Huey & Martin Company to plaintiff and sale by that company to the Calhoun Company without compliance with the Bulk Sales Daw. Verdict for plaintiff for $689.12 was directed against both defendants, and from a judgment entered thereon the defendants appeal.
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Action 'by the National City Bank against the Huey & Martin Drug Company and the Calhoun Drug Company, based on indebtedness of the Huey & Martin Company to plaintiff and sale by that company to the Calhoun Company without compliance with the Bulk Sales Daw. Verdict for plaintiff for $689.12 was directed against both defendants, and from a judgment entered thereon the defendants appeal. The sections of the Code of Daws of 1912, requested to be set forth in the report of the case by Mr. Chief Justice Gary, are as follows: Sec. 2434. It shall be unlawful for any merchant or corporation engaged…
1Dissent
The complaint herein contains two causes of action — one to set aside the sale in bulk by the defendant, Huey Martin Drug Company, to the defendant, Calhoun Drug Company, of its stock of merchandise, etc., on the ground that such sale was in violation of sections 2434, 2435 and 2436 (which will be set out in the report of the case); and the other on the ground that the sale was fraudulent under the statute of Elizabeth. At the conclusion of the testimony his Honor, the presiding Judge, made the following order:
"This action having been brought on for a hearing before the Court and a jury, and…
2Cases cited6 opinions
- Kidd, Dater & Price Co. v. Musselman Grocer Co.Supreme Court of the United States · 1910
- Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1917
- Pratt v. TimmermanSupreme Court of South Carolina · 1904
- The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
- Ex Parte LandrumSupreme Court of South Carolina · 1904
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