Pope Manufacturing Co. v. Charleston Cycle Co.
Supreme Court of South Carolina
Before Benet, J., Charleston, December, 1898. Action by Pope Manufacturing G>. against William H. Welch and Edward B. Welch, copartners, undér the name and style of The Charleston Cycle Co. From order dismissing and striking out first and second counter-claims, interposed by defendant, E. B. Welch, defendants appeal. cite: A partnership contract is joint and several, and one member may set up as a counter-claim a debt due him as an individual against partnership debt: Code,…
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Before Benet, J., Charleston, December, 1898. Action by Pope Manufacturing G>. against William H. Welch and Edward B. Welch, copartners, undér the name and style of The Charleston Cycle Co. From order dismissing and striking out first and second counter-claims, interposed by defendant, E. B. Welch, defendants appeal. cite: A partnership contract is joint and several, and one member may set up as a counter-claim a debt due him as an individual against partnership debt: Code, 171, 296, 157; 10 S. C., 464; Rev. Stat., 1408: Burrow, 2511; 17 S. C, 106; 30 Fed. R., 488, and cases cited: 17 Am. &…
1Opinion of the Court
The opinion of the Court was delivered by
Mr Chief Justice McIver.
The plaintiff brings this action, as a-corporation, against the defendants, as copartners in trade, under the name and style of The Charleston Cycle Company, to* recover the amount due on three accounts for goods sold and delivered, and for work and labor done at the requests of defendants; each of which accounts is set out in the complaint as a separate cause of action. The defendants, in their joint answer, set up as their defense a general denial of all the allegations in the complaint. The defendant, E. B. Welch, also filed…
2Cited by6 opinions
- Stokes v. Liverpool & London & Globe Ins.Supreme Court of South Carolina · 1925
- Sanford v. PikeOregon Supreme Court · 1918
- Griffin v. ScottSupreme Court of South Carolina · 1943
- Goodale v. PageSupreme Court of South Carolina · 1912
- PALMETTO PRODUCTION CREDIT ASSOC. v. WillsonSupreme Court of South Carolina · 1971
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