Legal Opinion

State v. Haynes

Supreme Court of South Carolina

Decided June 30, 1906PublishedCited by 6 opinions

Before Aedrich, J., Anderson, Spring Term, 1906. Indictment against J. P. Haynes for selling property under lien. From sentence on verdict, defendant appeals. cite: There must be an intention to dispose of the property: 43 S. C., 203. To pawn is not to' dispose of: 22 Ency., 2 ed., 508; 2 Kent., 577; Jones on Pledges, sec. 1. Ambiguity of contract may be explained by parol: Green, on Ev., 16 ed., 275, 298; 48 S. C., 372; 1 Ency. Ev.,'827, 829, 831; 14 Rich.

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Before Aedrich, J., Anderson, Spring Term, 1906. Indictment against J. P. Haynes for selling property under lien. From sentence on verdict, defendant appeals. cite: There must be an intention to dispose of the property: 43 S. C., 203. To pawn is not to' dispose of: 22 Ency., 2 ed., 508; 2 Kent., 577; Jones on Pledges, sec. 1. Ambiguity of contract may be explained by parol: Green, on Ev., 16 ed., 275, 298; 48 S. C., 372; 1 Ency. Ev.,'827, 829, 831; 14 Rich. Eq., 150; 57 S. C., 60. Bart of contract may be shown by parol: 61 S. C., 166. Contract is not a mortgage: Herman on Chat. Mtg., 18;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The appellant was indicted, convicted and sentenced for selling and disposing of personal property under mortgage or lien, as prohibited in section 337 of the Criminal Code.

At the close of the testimony for the State, the defendant’s counsel made a motion to direct a verdict, which was refused, and the first, second and third exceptions assign error to such refusal. Two questions are presented under these exceptions : 1st, whether the instrument introduced in evidence constitutes a chattel mortgage or lien; 2d, whether there was any…

2Cases cited5 opinions

  1. Carson v. Southern Ry.Supreme Court of South Carolina · 1903
  2. Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
  3. Singer Manufacturing Co. v. SmithSupreme Court of South Carolina · 1894
  4. State v. RiceSupreme Court of South Carolina · 1895
  5. Scates v. HendersonSupreme Court of South Carolina · 1895

3Cited by6 opinions

  1. Hill v. Winnsboro Granite Corp.Supreme Court of South Carolina · 1919
  2. State v. BoyerSupreme Court of South Carolina · 1910
  3. C. I. T. Corp. v. K. & S. Finance Co.Supreme Court of Colorado · 1943
  4. Aiken v. Lancaster Cotton MillsSupreme Court of South Carolina · 1910
  5. State v. KnightSupreme Court of South Carolina · 1921

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