Seacoast Packing Co. v. Schein
Supreme Court of South Carolina
Before DeVorE, J., Beaufort, March., 1921. Action by Seacoast Packing Co. against D. Schein. From order striking out certain defenses in the answer, the defendant appeals. cite: Defense that subscription not payable until all stock is subscribed is a good one :■ 72 Atl. 399 (Md.); 16 Ann. Cas. 1247; 52 Atl. 975 (Md.) ; 93 Am.
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Before DeVorE, J., Beaufort, March., 1921. Action by Seacoast Packing Co. against D. Schein. From order striking out certain defenses in the answer, the defendant appeals. cite: Defense that subscription not payable until all stock is subscribed is a good one :■ 72 Atl. 399 (Md.); 16 Ann. Cas. 1247; 52 Atl. 975 (Md.) ; 93 Am. St. Rep. 339; 7 R. C. R. Sec. 20.3; 6 S. W. 134 (Tex.); 15 S. W. 674 (Tex.). Misstatement as to personnel of officers a good defense: 131 N. C. 178; 42 S. E. 576; 34 Beav. 630; 8 Ry. & Corp. E. J. 197; 62 R. T. N. S. 30; 23 Ch. Div. 413,49 R. T. N. S. 348; 33 R. R. A.…
1DissentJustice Cothran
(dissenting) : Action to recovera balance of $800 upon a subscription of $1,000 to the capital stock of a proposed corporation. The defendant admitted making the subscription, but alleged as defenses to the action: (1) A general denial; (2) that his subscription was made upon the faith of the representation that the full amount of the capital stock, $150,000, had been subscribed for by bona fide subscribers; (3) that his subscription by its terms became binding only after the full amount of the capital stock had been subscribed; (4) that his subscription was made upon the assurance of the…
2Cases cited1 opinion
- Seacoast Packing Co. v. Long.Supreme Court of South Carolina · 1921