Legal Opinion

MacK Mfg. Co. v. Massachusetts Bonding & Ins.

Supreme Court of South Carolina

Decided October 2, 1917No. 9813PublishedCited by 2 opinions

Before Gary, J., Greenville, April term, 1916. Action by the Mack Manufacturing Company against the Massachusetts Bonding & Insurance Company and others. From an order allowing the Carolina National Bank of Columbia to .be brought in as a party, it appeals. cite: As to bringing in necessary parties: Code Civ. Proc., sec. 167; Story’s Eq. PL, secs. 76(b), 76(c); 19 Wall. 573; Bliss Code PI. ch. VIII; 1 Wait Pr. 112, 128, 162. Subrogation: 6 Rich.

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Before Gary, J., Greenville, April term, 1916. Action by the Mack Manufacturing Company against the Massachusetts Bonding & Insurance Company and others. From an order allowing the Carolina National Bank of Columbia to .be brought in as a party, it appeals. cite: As to bringing in necessary parties: Code Civ. Proc., sec. 167; Story’s Eq. PL, secs. 76(b), 76(c); 19 Wall. 573; Bliss Code PI. ch. VIII; 1 Wait Pr. 112, 128, 162. Subrogation: 6 Rich. L. 278; 3 Brev. 194; 14 S. C. 91; 37 Cyc. 374; Brandt Suretyship, secs. 260, 261; Stearns Suretyship, sec. 262. submit : Only parties are bound by…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gags.

Appeal from an order of the Circuit Court, which allowed a new party defendant to be brought in. There are five person to the controversy: The Mack Manufacturing Company, hereinafter called the Mack Company; the Massachusetts Bonding & Insurance Company, hereinafter called the Bonding Company; the Carolina National Bank, hereinafter called the bank; the city of Greenville, hereinafter called the city, and Bowe and Page, hereinafter called the contractors.

The controversy arose out of a contract between the city and the contractors for…

2Cases cited2 opinions

  1. MacK Manufacturing Co. v. Mass. Bonding & Ins.Supreme Court of South Carolina · 1915
  2. Carolina National Bank v. City of GreenvilleSupreme Court of South Carolina · 1914

3Cited by2 opinions

  1. MacK Manufacturing Co. v. Massachusetts Bonding & InsuranceSupreme Court of South Carolina · 1920
  2. Edgefield County Hospital Trustees v. Cannon Construction & Supply Co.Supreme Court of South Carolina · 1979

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