Legal Opinion

Maxwell v. Foster

Supreme Court of South Carolina

Decided November 19, 1903PublishedCited by 11 opinions

Before Watts, J., Greenville, 1902. Action by John H. Maxwell against Robt. C. Foster et al. 'The special referee, after stating the issues in his report, says: “The plaintiff being the owner of this stock and in possession of said certificate in August, 1893, endorsed the said certificate in blank and caused it to be delivered by said R. C. Foster to one Lafayette Hogg to secure the note of the plaintiff to said Hog-g for one thousand dollars, given for money borrowed by…

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Before Watts, J., Greenville, 1902. Action by John H. Maxwell against Robt. C. Foster et al. 'The special referee, after stating the issues in his report, says: “The plaintiff being the owner of this stock and in possession of said certificate in August, 1893, endorsed the said certificate in blank and caused it to be delivered by said R. C. Foster to one Lafayette Hogg to secure the note of the plaintiff to said Hog-g for one thousand dollars, given for money borrowed by the plaintiff from him. Thereafter the plaintiff, through said R. C. Foster, acting as agent for his wife, Mrs. Mary B.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is the second appeal in this case. The first is reported in 64 S. C., 1, 41 S. E. R., 776. The action was brought for the purpose of having ten shares of the capital stock of the American Bank declared to be the property of the plaintiff, and to require the defendant, Na tional Bank of Greenville, holding possession of said shares, to deliver them to them. The plaintiff was the original owner of the shares. He indorsed the certificates in blank and deposited them with L. Hogg as collateral security for a note of $1,000 executed by…

2Cited by11 opinions

  1. Equitable Trust Co. v. Columbia National BankSupreme Court of South Carolina · 1928
  2. Bankers Trust Co. v. RoodSupreme Court of Iowa · 1930
  3. Langhurst v. LanghurstNew Mexico Supreme Court · 1945
  4. Atlantic & Charlotte Air Line Ry. Co. v. Victor Mfg. Co.Supreme Court of South Carolina · 1908
  5. Armour & Co. v. RossSupreme Court of South Carolina · 1906

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