Legal Opinion

Greene v. Duncan

Supreme Court of South Carolina

Decided September 26, 1892PublishedCited by 3 opinions

Before Hudson, J., Union, October, 1891. This was.an action by F. 0. Greene against T. 0. Dnncan, commenced in July, 1890. The complaint alleged that plaintiff had furnished materials to E. D. Sharkey, which were used by him in building stores for defendant, and that defendant had promised to pay a telegraphic order drawn by Sharkey on defendant in favor of plaintiff and accepted by defendant, as set forth in the opinion of this court.

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Before Hudson, J., Union, October, 1891. This was.an action by F. 0. Greene against T. 0. Dnncan, commenced in July, 1890. The complaint alleged that plaintiff had furnished materials to E. D. Sharkey, which were used by him in building stores for defendant, and that defendant had promised to pay a telegraphic order drawn by Sharkey on defendant in favor of plaintiff and accepted by defendant, as set forth in the opinion of this court. Defendant answered inter alia as follows: 3. In answering the second paragraph of the complaint, the defendant alleges, that the materials for said buildings…

1Opinion of the Court

The opinion of the court was delivered by

Me. Justice Pope.

This action was tried before his honor, Judge Hudson, and a jury, at the October term, 1891, of the Court of Common Pleas for Union County. After verdict for defendant, judgment was duly entered. Plaintiff now appeals, raising four classes of exceptions. 1. Error of Circuit Judge in not sustaining plaintiff’s demurrer to paragraphs 3, 4, 5, 6, and 7 of defendant’s answer, because they failed to state facts sufficient to constitute a defence. 2. Error of Circuit Judge in not holding, on a request therefor, that the acceptance sued on…

2Cases cited2 opinions

  1. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  2. Short v. . BlountSupreme Court of North Carolina · 1888

3Cited by3 opinions

  1. Plaza Farmers' Union Warehouse & Elevator Co. v. RyanWashington Supreme Court · 1914
  2. Schwabacher Hardware Co. v. Miller Sawmill Co.Washington Supreme Court · 1916
  3. Spear v. Board of Public WorksSupreme Court of South Carolina · 1914

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