Germofert Mfg. Co. v. Castles
Supreme Court of South Carolina
Before Gage, J., Action by theGermofert Manufacturing Company against S. F. Castles to- recover the purchase money for fertilizers sold. From an order granting a motion to- strike out a counterclaim in answer as sham, defendant appeals.
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Before Gage, J., Action by theGermofert Manufacturing Company against S. F. Castles to- recover the purchase money for fertilizers sold. From an order granting a motion to- strike out a counterclaim in answer as sham, defendant appeals. The second, third, fourth and fifth paragraphs- of the counterclaim struck out alleged: “2. That prior to- the first day o-f May, 1908, the plaintiff, through its agents and servants, represented to this- defendant that it was the manufacturer of a high and valuable grade of commercial fertilizer, which was especially adapted to promote the growth of cotton or…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
Thi.s is an action on a promissory note, of which the following is a copy: “$239.00. Rockton, S. C., May 1st, 1908. On or before the 1st day of November, 1908, I promise to pay Germofert Manufacturing- Company, or order, at Bank of Fairfield, Winnsboro, S. C., two- hundred thirty-nine and no-100 dollars, with interest at eight per cent, per annum, after maturity, until paid and all costs of collection, including attorney’s fees not exceeding ten per cent., if collected by law or through an attorney at law. (100) bags of…
2Cases cited8 opinions
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
- Smith v. SmithSupreme Court of South Carolina · 1897
- Kirven v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1907
- Tittle v. KennedySupreme Court of South Carolina · 1905
- Southern States Phosphate Co. v. ArthursSupreme Court of South Carolina · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Johnson v. HerringMontana Supreme Court · 1931
- Palmetto Bank & Trust Co. v. GrimsleySupreme Court of South Carolina · 1926
- Burkhalter v. TownsendSupreme Court of South Carolina · 1927
- St. Paul-Mercury Indemnity Co. v. DonaldsonSupreme Court of South Carolina · 1954
- Etiwan Fertilizer Co. v. JonesSupreme Court of South Carolina · 1943
14 more not listed; retrieve them via the Exa API.