Gwathney v. Burgiss
Supreme Court of South Carolina
Before Memminger, J., Spartanburg, April, 1913. Action by Archibald B. Gwathney, Jr., William Mitchell, Robert C. Cairns and Edward E. Bartlett, Jr., copartners trading as Gwathney & Co., against J. F. Burgiss, From an order refusing to strike out the third cause of action, and overruling a demurrer to the complaint, defendant appeals. The pleadings are substantially stated in the opinion.
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Before Memminger, J., Spartanburg, April, 1913. Action by Archibald B. Gwathney, Jr., William Mitchell, Robert C. Cairns and Edward E. Bartlett, Jr., copartners trading as Gwathney & Co., against J. F. Burgiss, From an order refusing to strike out the third cause of action, and overruling a demurrer to the complaint, defendant appeals. The pleadings are substantially stated in the opinion. The grounds of demurrer were as follows: The defendant hereby reserves the right to make the motion heretofore noticed to strike out portions of the complaint as irrelevant and redundant. The defendant…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to recover a balance alleged to be due to plaintiffs from defendant, arising out of dealings in cotton futures on the New York Cotton -Exchange by plaintiffs as agents of defendant. The plaintiffs state their case in three causes of action. The complaint is too long to report in full. It contains a good deal of repetition in stating the details of the various transactions, so that we shall state only the substance of the allegations, omitting formal allegations and such as aré not material to the…
2Cases cited4 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Bibb v. AllenSupreme Court of the United States · 1893
- Harvey & Co. v. DotySupreme Court of South Carolina · 1899
- Riordan & Co. v. DotySupreme Court of South Carolina · 1897
3Cited by4 opinions
- Allen v. Great American Reserve Insurance Co.Indiana Supreme Court · 2002
- Gwathmey v. BurgessSupreme Court of South Carolina · 1916
- Gwathmey & Co. v. BurgessSupreme Court of South Carolina · 1917
- Baltimore Trust Co. v. StantonSupreme Court of South Carolina · 1928