Legal Opinion · Dissent

Ex Parte M.F.S. L. Ass'n

Supreme Court of South Carolina

Decided January 28, 1942No. 15358Published

1Dissent

I find myself out of agreement with the main opinion in this case, written by Mr. Associate Justice Baker.

The whole spirit of the leading opinion is that the appellant is entitled to the offset it claims, under the liberal principles of equity.

The appellant, in its brief, states the question for determination by the Court as follows: "Did the Mechanics Federal Savings and Loan Association, indebted by notes to the insolvent Central Union Bank, which said association was a depositor of the bank, lose its right of set-off because, before insolvency, the bank had pledged and hypothecated the…

2Cases cited4 opinions

  1. Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
  2. Peurifoy, Receiver v. Gamble, ReceiverSupreme Court of South Carolina · 1927
  3. Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
  4. Peurifoy, Rec'r v. Continental Finance Co.Supreme Court of South Carolina · 1932

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