Cousar v. Heath, Witherspoon & Co.
Supreme Court of South Carolina
Before Prince, J., Chester, November, 1906. Action by John G. Cousar and T. J. Cunningham against Heath, Witherspoon & Co. and Henry Samuels. From judgment for plaintiffs, defendants appeal. Mr. McPadden cites: Plaintiffs were partners: 14 S. C., 21; 1 N. & McC., SO; and suit should have been brought by them as such: Code of Proc., 132; 16 Ency.
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Before Prince, J., Chester, November, 1906. Action by John G. Cousar and T. J. Cunningham against Heath, Witherspoon & Co. and Henry Samuels. From judgment for plaintiffs, defendants appeal. Mr. McPadden cites: Plaintiffs were partners: 14 S. C., 21; 1 N. & McC., SO; and suit should have been brought by them as such: Code of Proc., 132; 16 Ency. P. & P., 854-856; Dicey on Parties, 169, 170, 17S, 5S4. Cunningham was barred by statute: 3S S. C., 144; 35 S. C., 366; 43 S. C., S29; 67 S. C., S3S. Samuels, the agent of his codefendant, is not liable under the statute: 53 S. C., 173; Code 190S,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced on the 7th of December, 1905, to recover a loss of $300, sustained by the plaintiff, John G. Cousar, as the result of certain transactions between him and the defendants relative to the future delivery of cotton.
The allegations of the complaint, material to the questions presented by the exceptions, are as follows:
“That on November 13, 1905, the plaintiff contracted with the said Heath, Witherspoon & Company, through their agent, Henry Samuels, and purchased one hundred bales of cotton for future delivery, to…
2Cases cited2 opinions
- Lilly v. Railroad Co.Supreme Court of South Carolina · 1890
- Baker v. Hornick & Co.Supreme Court of South Carolina · 1898
3Cited by5 opinions
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- Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1909
- O. H. Tolley & Co. v. SmithSupreme Court of South Carolina · 1916
- WeSAV Financial Corp. v. LingefeltsCourt of Appeals of South Carolina · 1992