Kauffman Milling Co. v. Stuckey
Supreme Court of South Carolina
Before Witherspoon, J., Spartanburg, January, 1891. This was an action by the Kauffman Milling Company against J. K. Stuckey. The judge charged the jury as follows: Now, where is the burden in this case? The plaintiff alleges that he sold the property, the flour, at a certain price, a certain quantity, and the defendant admits that he has not paid for it. He comes in affirmatively, and takes upon himself the burden of showing why he ought not to pay for it.
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Before Witherspoon, J., Spartanburg, January, 1891. This was an action by the Kauffman Milling Company against J. K. Stuckey. The judge charged the jury as follows: Now, where is the burden in this case? The plaintiff alleges that he sold the property, the flour, at a certain price, a certain quantity, and the defendant admits that he has not paid for it. He comes in affirmatively, and takes upon himself the burden of showing why he ought not to pay for it. Therefore, it is incumbent upon the plaintiff, he must satisfy you by the preponderance of the evidence, the greater weight of the…
1Opinion of the Court
The opinion of the court was delivered by
Me. Justice Pope.
This was an action tried before his honor, Judge Witherspoon, and a jury, at the January, 1891, term of the Court of Common Pleas for the County of Spartanburg. The complaint was as follows: 1. That at the times hereafter mentioned the plaintiff was and is still a corporation duly chartered under and by virtue of the law of Missouri, and is located and doing business in the city of St. Louis, in said State. 2. That on or about the 24th day of October, 1888, the plaintiff sold and delivered to defendant on account twenty-five barrels of…
2Cited by15 opinions
- Southern Iron & Equipment Co. v. Bamberg, E. & W. Ry. Co.Supreme Court of South Carolina · 1929
- Reliance Varnish Co. v. Mullins Lumber Co.Supreme Court of South Carolina · 1948
- Greenwood Cotton Mills v. TolbertSupreme Court of South Carolina · 1916
- Southern Coal Co. v. RiceSupreme Court of South Carolina · 1923
- Livingston v. Reid-Hart Parr Co.Supreme Court of South Carolina · 1921
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