Maybank & Co. v. Rogers
Supreme Court of South Carolina
Before DeVorE, J., Florence, Action by Maybank & Company against F. M. Rogers. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. cite: 89 S. C. 73.' submit: Exclusion of testimony not prejudicial: 55 S. C. 403; 76 S. C. 275; 87 S. C. 415. Admission of agent does not bind principal: 5 S. C. 358; 98 S. C. 282; 13 S. C. 183; 40 S. C. 456; 17 S. C. 521; 62 S. C. 128; McKel-vey Ev., p. 280, note; 71 N. Y. 118, 134; 31 Cyc. 1387, 1388.
1Opinion of the Court
The opinion of the Court was, delivered by
Mr. Justice Watts.
1 This is an action by plaintiff against the defendant for damages. The plaintiff is engaged in business of buying and selling cotton and contracted with the defendant for future delivery of cotton at a fixed price. Defendant did not deliver the cotton, and upon failure to do so this suit was instituted for damages, for alleged damages of $17,187.50. This is the second appeal in the case, and the first appeal is reported in 98 S. C. 282, 82 S. E. 422. The case was tried the second time before Hon. J. W. DeVore and a jury at the…
2Cases cited1 opinion
- Maybank & Co. v. RodgersSupreme Court of South Carolina · 1914
3Cited by3 opinions
- Genovay v. FoxNew Jersey Superior Court Appellate Division · 1958
- Chantry v. Pettit Motor Co.Supreme Court of South Carolina · 1930
- WILLOW BROOK RECR. CENTER, INC. v. SelleNew Jersey Superior Court Appellate Division · 1967