Legal Opinion

Rainwater v. Merchants & Farmers Bank

Supreme Court of South Carolina

Decided September 28, 1917No. 9815PublishedCited by 14 opinions

Before DeYorE, J., Chesterfield, October, 1916. Actions by Morton Rainwater, Julius R. Johnson and Rufus Powe, respectively, against the Merchants & Farmers Bank of Cheraw, S. C. From orders refusing reference, defendant appeals.

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Before DeYorE, J., Chesterfield, October, 1916. Actions by Morton Rainwater, Julius R. Johnson and Rufus Powe, respectively, against the Merchants & Farmers Bank of Cheraw, S. C. From orders refusing reference, defendant appeals. The complaint, omitting the caption, is as follows: The complaint of the above named plaintiff respectfully shows to the Court: (1) That the plaintiff is now, and was at the times hereinafter mentioned, a resident of the county of Marlboro, State of South Carolina, and the defendant is now, and was at the times hereinafter mentioned, a corporation under and by virtue…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

This is an appeal from an order refusing a reference. The complaint alleges:

“(2) That the defendant now has in its possession 13,841 pounds of lint cotton belonging to the plaintiff. The plaintiff is informed and believes that the defendant has a claim or mortgage on one-half of this cotton, that is to say, 6,920^2 pounds, and the plaintiff is also informed and believes that the defendant has a claim or a mortgage on the remaining one-half, to the extent of plaintiff’s account with P. E. Hamer, which amounts to $409.66, which…

2Cases cited5 opinions

  1. Devereux v. McCradySupreme Court of South Carolina · 1896
  2. Malcolm Mercantile Co. v. BrittSupreme Court of South Carolina · 1915
  3. The Mobley Co. v. McLucasSupreme Court of South Carolina · 1914
  4. Ex Parte LandrumSupreme Court of South Carolina · 1904
  5. Trump v. MikellSupreme Court of South Carolina · 1916

3Cited by14 opinions

  1. Farmers & Merchants National Bank v. FosterSupreme Court of South Carolina · 1925
  2. Newell Contracting Co. v. BlankenshipSupreme Court of South Carolina · 1924
  3. General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928
  4. Sumter Hardwood Co. v. FitchetteSupreme Court of South Carolina · 1925
  5. Smith v. Union Central L. Ins. Co.Supreme Court of South Carolina · 1919

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