Bank of Chillicothe v. McSwain
Supreme Court of South Carolina
Before Gage, J., Laurens, November term, 1911. Action by First National Bank of Chillicothe against H. L. and L. F. McSwain.
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Before Gage, J., Laurens, November term, 1911. Action by First National Bank of Chillicothe against H. L. and L. F. McSwain. Defendants appeal on the following exceptions: ■ I. ‘‘That the presiding Judge erred in refusing -defendants’ motion for nonsuit on the ground that it appeared that plaintiff had intervened in another action wherein H. L. & L. F. McSwain are plaintiffs and Adams Grain and Provision Company is defendant by filing notice of a claim' to- the proceeds of the sale of the corn, which claim was denied, thus making in said action the issue of such proceeds, and having accepted…
1Opinion of the Court
The first opinion was delivered by
Mr. Justice; Watts.
In February, 1911, F. M. & J. B. Pinson, merchants, doing business at Cross Hill, S. C., ordered from Adams Grain and Provision Co., a corporation, located at Richmond, Va., a carload of corn.
The Virginia corporation bought the corn from Standard Cereal Co., grain dealers at Chillicothe, Ohio, which company shipped the same to Adams Grain and Provision Co., at Cross Hill, S. C. “Order notify F. M. & J. B. Pinson.”
The Standard Cereal Company drew a draft on Adams Grain and Provision Comoany, for three hundred eighty-nine and 20-100 dollars,…
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