W. Gordon McCabe & Co. v. Colleton Mercantile & Manufacturing Co.
Supreme Court of South Carolina
Before Moore, J., Walterboro, August, 1915. Action by W. G. McCabe, Jr., and W. F. Gray, copartners, trading under- the firm name of W. Gordon McCabe & Co., against the Colleton Mercantile & Manufacturing Company.
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Before Moore, J., Walterboro, August, 1915. Action by W. G. McCabe, Jr., and W. F. Gray, copartners, trading under- the firm name of W. Gordon McCabe & Co., against the Colleton Mercantile & Manufacturing Company. From an order refusing to transfer the cause from calendar No. 1, to calendar No. 2, plaintiff appeals. cite: 43 S. C. 187; Code Civil Proc., secs. 312, 313; 79 S. C. 473; 54 S. C. 155; 12 S. C. 97, and submit: I. The action of the plaintiffs is not for the recovery of money only, and other relief is necessary and is demanded: 69 S. C., 136; 44 S. C. 116; 75 S. C. 105; Cheves Eq.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The question to be decided in this case is whether the issues made by the pleadings are legal or equitable, and, in consequence, triable by a jury or by the Court. The pleadings are too long to be reported; but the following statement of the substance of them will be sufficient for the purposes of the case: Plaintiffs allege that they were engaged in buying and selling cotton at Charleston, some- of which was for export, and defendant was engaged in buying and selling cotton at Ritters, in Colleton county; that they made a contract…
2Cited by13 opinions
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Monteith v. HarbySupreme Court of South Carolina · 1939
- Newell Contracting Co. v. BlankenshipSupreme Court of South Carolina · 1924
- Sumter Hardwood Co. v. FitchetteSupreme Court of South Carolina · 1925
- Jefferies v. HarveySupreme Court of South Carolina · 1945
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