Legal Opinion

Campbell v. First National Bank

Supreme Court of South Carolina

Decided December 20, 1920No. 10529PublishedCited by 2 opinions

Before Memminger, J., Charleston, July 24, 1920. Action by John ,R. Campbell against the First National Bank of Charleston, Janie R. Raisin and Mary Razaras. .From judgment for defendants, Janie R. Raisin and Mary Razaras, the plaintiff appeals. cite: Bailment of a chose in action is not required to be recorded under the terms of section 3740, 1 Civil Code 1912. Recording acts relating to “personal property” do not apply to “choses in action:” 97 S. C. 291; 225 Fed*. 262;…

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Before Memminger, J., Charleston, July 24, 1920. Action by John ,R. Campbell against the First National Bank of Charleston, Janie R. Raisin and Mary Razaras. .From judgment for defendants, Janie R. Raisin and Mary Razaras, the plaintiff appeals. cite: Bailment of a chose in action is not required to be recorded under the terms of section 3740, 1 Civil Code 1912. Recording acts relating to “personal property” do not apply to “choses in action:” 97 S. C. 291; 225 Fed*. 262; 232 Fed. 119; R. R. A. 1917c, 629; 63 N. E. 1058; 55 N. W. 505; 45 N. Y. S. 166; 57 N. E. 1126; 34 Fed. 724. Decision in…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge Memminger, confirming a report of the master for Charleston county, and involves the question whether or not the bailment of a chose in action is within the terms of section 3740 of volume I of the Code of 1912.

Both the master and his Honor held that it did. The exceptions must be sustained. The statute does not apply to choses in actions, such as notes, bonds, mortgages, and /such securities as usually are transferred by delivery oi assignment.

The statute never contemplated that such…

2Cited by2 opinions

  1. In re TansillDistrict Court, W.D. South Carolina · 1922
  2. Southern General Factors, Inc. v. Parker Concrete Pile Co.District Court, E.D. South Carolina · 1964

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