Wardlaw v. Troy Oil Mill
Supreme Court of South Carolina
Before W-aTTS, J., Greenwood, May, 1905. John U. Wardlaw and W. H. Kennedy against Troy Oil Mill et al. From Circuit decree, Troy Oil Mill, G. P. Neel and J. C. Kennedy, receivers, and First National Bank of Greenwood, .appeal. cites: Order as to opening cause and prozAding for attorneys’ fee on claim of D. A. Tompkins Co. is wrong: Code of P'roc., 294, 290; 30 S. C., 329; 32 S. C., 58. Could Georgia-Caroiina Company elect as to which items of its account it zjaould apply…
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Before W-aTTS, J., Greenwood, May, 1905. John U. Wardlaw and W. H. Kennedy against Troy Oil Mill et al. From Circuit decree, Troy Oil Mill, G. P. Neel and J. C. Kennedy, receivers, and First National Bank of Greenwood, .appeal. cites: Order as to opening cause and prozAding for attorneys’ fee on claim of D. A. Tompkins Co. is wrong: Code of P'roc., 294, 290; 30 S. C., 329; 32 S. C., 58. Could Georgia-Caroiina Company elect as to which items of its account it zjaould apply the payment on account: 24 Minn., 86; 23 Me., 22; 36 Ala., 482; 1 Mer., 512; 2 B. & Aid., 39; 5 Bing., 13; 4 Russ., 154;…
1Opinion of the Court
The opinion herein was filed April 18, 1906, but remittitur held up on petition for rehearing until
May 16, 1906. The opinion of the Court was delivered by This action was brought against Troy Oil Mill Co. and its president and directors, alleging mismanagement and asking the Court to take charge of the property of the corporation and administer it for the benefit of creditors and stockholders. Receivers were appointed and it was referred to the master to take proof of claims and to report upon all issues of law and fact. This report has been confirmed by the Circuit Court, and an order has…
2Cases cited4 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
- Akers v. RowanSupreme Court of South Carolina · 1890
- Bell v. BellSupreme Court of South Carolina · 1883
3Cited by22 opinions
- Bacot v. South Carolina Loan & Trust Co.Supreme Court of South Carolina · 1925
- Fidelity Trust & Mortgage Co. v. DavisSupreme Court of South Carolina · 1930
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
- American Oil Co. v. Brown Paving Co.District Court, D. South Carolina · 1969
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