Cozart v. Barnes
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of South Carolina, at Florence; Henry A. Middleton Smith, Judge. Action by C. H. Cozart and another, partners under the firm name and style of the Cozart & Meadows Company, against J. W. Barnes and another, to recover possession of personal property. Judgment for defendants, and plaintiffs bring error.
1Opinion of the Court
WOODS, Circuit Judge.
On September 23, 1914, J. C. Moore and W. H. Cross executed to Cozart & Meadows Company, the plaintiffs, an instrument in tire form of a promissory, note for $3,028.04 containing a clause stating that there was deposited as collateral security for the note 75,501 pounds of leaf scrap tobacco, the property of J. C. Moore stored in the Banner Warehouse, at Hemmingway, S. C., and that the payees of the note were given the power to sell the tobacco upon failure to pay the debt. No possession of the tobacco, actual or constructive, was given the plaintiffs, and the instrument…
2Cases cited3 opinions
- McGhee v. WellsSupreme Court of South Carolina · 1900
- Creech v. LongSupreme Court of South Carolina · 1905
- Stewart v. Walterboro & Western Ry. Co.Supreme Court of South Carolina · 1902