V. P. Randolph & Co. v. Walker
Supreme Court of South Carolina
Before DanTzlER, J., Fairfield, Action by V. P. Randolph & Co., Inc., against D. V. Walker. From judgment for plaintiff, defendant appeals.
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Before DanTzlER, J., Fairfield, Action by V. P. Randolph & Co., Inc., against D. V. Walker. From judgment for plaintiff, defendant appeals. Mr. W. D. Douglass cites: Whether action is in contract or tort cannot be determined by inspection of pleadings: Pom, R. & R., secs. 573, 799. Claim is not barred: 53 S. C., 175; 44 N. Y., 63; 43 N. Y., 83. Action is in contract and counter claim should have been allowed: 36 Kan., 51; 153 U. S., 616. There being no proof that plaintiff was entitled to the possession of any particular money, nonsuit should have been granted: 44 N. Y., 445; 16 N. Y., 351;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The complaint alleges plaintiff’s deposit with defendant of the sum of one thousand four hundred and ninety-eight dollars and three cents during the months of January, February and March, 1905, defendant’s agreement to hold the money as plaintiff’s agent subject all times to his order, the tortious conversion of one thousand seventy-six dollars and three cents by defendant to his own use and 'his refusal to return to plaintiff the money so converted.
The first defense is a general denial. As a second defense, the defendant alleges the…
2Cases cited6 opinions
- Welborn v. DixonSupreme Court of South Carolina · 1904
- Britton v. . FerrinNew York Court of Appeals · 1902
- Alfred Shrimpton & Sons v. CulverMichigan Supreme Court · 1896
- Cooke v. BryantSupreme Court of Georgia · 1898
- Davis v. ThompsonSupreme Court of Pennsylvania · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bramlett v. YoungSupreme Court of South Carolina · 1956
- Timmons v. Williams Wood Products Corp.Supreme Court of South Carolina · 1932
- Speizman v. GuillSupreme Court of South Carolina · 1943
- Stevenson v. B. B. Kirkland Seed Co.Supreme Court of South Carolina · 1935
- Farmers' Union Mercantile Co. v. AndersonSupreme Court of South Carolina · 1917
13 more not listed; retrieve them via the Exa API.