Legal Opinion

Kershaw Oil Mill v. National Bank

Court of Appeals for the Fourth Circuit

Decided December 4, 1913No. 1,181PublishedCited by 3 opinions

In Error to the District Court of the United States for the Eastern District of South Carolina, at Columbia; Henry A. Middleton Smith, Judge. Action by the National Bank of Savannah against the Kershaw Oil Mill and the Lancaster Cotton Oil Company. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

WOODS, Circuit Judge.

The issues of law involved in this case will be made evident by the following statement:

All & Son, cotton buyers of Savannah, Ga., through their agent, R. M. Kennedy, purchased from the defendant Kershaw Oil Mill 362 bales of “linters” and from the defendant Lancaster Cotton Oil Company 300 bales, at the average price of about 4% cents a pound. “Linters” is a fiber which cotton oil mills obtain by reginning cotton seed before extracting the oil. It is well known as a distinct mercantile commodity of much shorter fiber than lint cotton, and the price paid for it in these…

2Cited by3 opinions

  1. Carpenter v. DurellCourt of Appeals for the Sixth Circuit · 1937
  2. National Bank v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1917
  3. Coal & Iron Ry. Co. v. ReherdCourt of Appeals for the Fourth Circuit · 1915

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