Legal Opinion

Bingham v. Harby & Co.

Supreme Court of South Carolina

Decided March 26, 1912No. 8154PublishedCited by 8 opinions

Before DrVorS, J., Sumter, March, 1911. Action by R. PI. Bingham against Harby & Co. Plaintiff appeals. Plaintiff’s mortgage was executed'February 14, 1910, and recorded February 18, 1910. Defendant’s mortgage was executed March 17, 1910, and recorded March 25, 1910. cites: 28 Ency. 667: 3 Brev. 68; 2 Hill 256; 26 S. C. 110; 15 S. C- 552. cite: 15 S. C. 548; 69 S. C. 351; 70 S. C. 487, 275.

1Opinion of the Court

The opinion of the Court was delivered by. Mr. Chief Justice Gary.

This is an action for damages, alleged to have 'been sustained by the plaintiff, through the wrongful act of the defendant in seizing and converting to his own use, the proceeds of -two bales of cotton, which he bad sold and placed beyond the reach of the plaintiff, under a mortgage, subsequent to a mortgage in favor of the plaintiff, covering said property which was duly recorded.

It appears that on the 14th of February, 1910, the plaintiff entered into an agreement with Aaron Sumter, who was then indebted to him in the sum' of…

2Cases cited4 opinions

  1. Holliday v. Poston & SonSupreme Court of South Carolina · 1901
  2. Graham v. SeigniousSupreme Court of South Carolina · 1898
  3. Ladson v. MostowitzSupreme Court of South Carolina · 1895
  4. Williams v. DobsonSupreme Court of South Carolina · 1887

3Cited by8 opinions

  1. Royal-Liverpool Insurance Group v. McCarthySupreme Court of South Carolina · 1956
  2. Brown v. HughesSupreme Court of South Carolina · 1913
  3. Brown Stribling v. RankinSupreme Court of South Carolina · 1915
  4. Brunswick Corporation, and Floyd Corporation, D/B/A Pleasant Lanes v. J. C. Long, Alberta S. Long, and the Beach Co., a CorporationCourt of Appeals for the Fourth Circuit · 1968
  5. Bank of Norris v. Pates & Allen Co.Supreme Court of South Carolina · 1918

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