Nichols v. Montgomery
Supreme Court of South Carolina
Before Townsend, J., Marion, May 1903. Action by Nichols and McGhee against W. J. Montgomery, W. H. Cross and E. C. Edmunds, trading under name of E. C. Edmunds. From Circuit order overruling demurrers, defendants appeal. cite: As to tests of partnership: 22 Ency., 2 ed., 19, 20, 21, 22, 23; 18 S. C., 223; 1 Add. on Con., 183; 11 E. R. A., 136; 36 L. R. A., 767; 2 McC., 421; 22 Wall., 116; 116 U. S., 461. As to liability of incoming partner: 1 Coll.
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Before Townsend, J., Marion, May 1903. Action by Nichols and McGhee against W. J. Montgomery, W. H. Cross and E. C. Edmunds, trading under name of E. C. Edmunds. From Circuit order overruling demurrers, defendants appeal. cite: As to tests of partnership: 22 Ency., 2 ed., 19, 20, 21, 22, 23; 18 S. C., 223; 1 Add. on Con., 183; 11 E. R. A., 136; 36 L. R. A., 767; 2 McC., 421; 22 Wall., 116; 116 U. S., 461. As to liability of incoming partner: 1 Coll. E. Port., 6 ed., secs. 156, 515, 522, 525, 529, 539, 861; Pars, on Part., *36, 407, 408, 434; 1 Addison oil Con., 176; 101 U. S-, 43; 2 Par. on…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order overruling demurrers to the complaint, On the ground that it does not state facts sufficient to constitute a cause of action. In order to understand clearly the questions presented by the exceptions, it will be necessary to set forth a copy of the complaint and of “Exhibit A,” which are as follows :
Complaint. — “I. That at the times hereinafter mentioned, the plaintiffs, A. B. Nichols and W. H. McGhee, were co-partners in trade, conducting a tobacco'warehouse at Nichols, S. C., under the firm name of…
2Cases cited1 opinion
- Cave v. GillSupreme Court of South Carolina · 1901
3Cited by2 opinions
- Hilton v. Southern Ry. Co.District Court, W.D. South Carolina · 1937
- McGhee v. MontgomerySupreme Court of South Carolina · 1910