McGhee v. Montgomery
Supreme Court of South Carolina
Before Aldrich, J., Marion, Spring term, 1908. Action by H. W. McGhee against W. J. Montgomery, W. H. Cross and E. C. Edmunds, trading under firm name of E. C. Edmunds. From Judgment for plaintiff, defendants appeal. cite: Defendants entitled to verdict on counterclaim: 55 S. C., 528. As to the liability of an incoming partner: 1 Col. Law Part., secs. 156, 518, 522, 529, 539, 819, 756; 1 Add. on Con., 176; 101 U. S., 43; 2 Current L-, 1116; 79 App. Div., N. Y., 56; 40 So.
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Before Aldrich, J., Marion, Spring term, 1908. Action by H. W. McGhee against W. J. Montgomery, W. H. Cross and E. C. Edmunds, trading under firm name of E. C. Edmunds. From Judgment for plaintiff, defendants appeal. cite: Defendants entitled to verdict on counterclaim: 55 S. C., 528. As to the liability of an incoming partner: 1 Col. Law Part., secs. 156, 518, 522, 529, 539, 819, 756; 1 Add. on Con., 176; 101 U. S., 43; 2 Current L-, 1116; 79 App. Div., N. Y., 56; 40 So. R., 128; 39 So. R., 913; 22 Ency., 174. As to the application of payments: 20 S. C., 34; 74 S. C., 371; Code L. of Part.,…
1Opinion of the Court
March 14, 1910. The opinion of the Court was delivered by in place of MR. JUSTICE WOODS, disqualified. Action by plaintiffs as partners to recover from defendants as partners, seven hundred and seventy-five and 51-100 ($775.51) dollars, balance alleged to be due upon account current for tobacco sold and delivered during the tobacco season, 1899.
The plaintiffs are partners conducting a tobacco warehouse at Nichols, and the defendants are alleged to be partners trading under the name of E.C. Edmunds, engaged in purchasing tobacco on orders, and the alleged indebtedness was incurred in the…
2Cases cited11 opinions
- Allen v. CooleySupreme Court of South Carolina · 1898
- Doty v. CrawfordSupreme Court of South Carolina · 1893
- Hopper v. HopperSupreme Court of South Carolina · 1901
- La Montagne v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1905
- McCrary v. Southern Ry.Supreme Court of South Carolina · 1909
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3Cited by1 opinion
- Johnson v. BroomeSupreme Court of South Carolina · 1935