Legal Opinion

Sherer-Gillett Co. v. Moore-Barnes Co.

Supreme Court of South Carolina

Decided July 26, 1920No. 10482PublishedCited by 6 opinions

Before Bowman, J., Hampton, October term, 1919. Action by Sherer-Gillett Co. against Moore-Barnes Co. on account. From order granting a new trial after verdict for plaintiff, the plaintiff appeals. cites: Motion for new trial did not come within provisions of section 324. Code Proc, and should not have been granted. cites: Instrument sued on was a chattel mortgage: 19 S. E. 132; 74 S. C. 450; 20 S. E. 759; 93 S. C. 99; 67 S. E. 488 (N. C.). Sale of property under chattel…

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Before Bowman, J., Hampton, October term, 1919. Action by Sherer-Gillett Co. against Moore-Barnes Co. on account. From order granting a new trial after verdict for plaintiff, the plaintiff appeals. cites: Motion for new trial did not come within provisions of section 324. Code Proc, and should not have been granted. cites: Instrument sued on was a chattel mortgage: 19 S. E. 132; 74 S. C. 450; 20 S. E. 759; 93 S. C. 99; 67 S. E. 488 (N. C.). Sale of property under chattel mortgage regulated: 1 Civ. Code 1912, sec. 4105. In case of conversion if value of property exceed debt overplus must-be…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

The plaintiff had a verdict against the defendant for $443.50, the purchase price of goods sold. The Court set the verdict aside: (1) Because the contract of sale constituted the plaintiff a mortgagee, and that the plaintiff’s consequent remedy was not to keep the property and sue for the price, but to sell the property and sue the defendant for any deficiency; (2) because the circumstances of the taking of the property by the plaintiff constituted the act a conversion, and we add warrants the presumptive inference that the conversion…

2Cited by6 opinions

  1. Powell v. A. K. Brown Motor Co.Supreme Court of South Carolina · 1942
  2. Young v. Corbitt Motor Truck Co.Supreme Court of South Carolina · 1929
  3. Richardson's Restaurants, Inc. v. National BankCourt of Appeals of South Carolina · 1991
  4. American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
  5. John Deere Plow Co. v. L. D. Jennings, Inc.Supreme Court of South Carolina · 1943

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