Legal Opinion

Guckenheimer v. Libbey

Supreme Court of South Carolina

Decided July 27, 1894PublishedCited by 3 opinions

Before Izlar, J., Beaufort, November, 1893. These were seven actions against Libbey Bros, on notes and accounts for goods sold, the several plaintiffs being S. Guckenheimer & Sons, Herman &Kayton, Adams & Howe, Kavanaugh & Brennan, Ehrlich & Bro., William H. Lockwood, and the Savannah Grocery Company. The first six actions were commenced, and the attachments issued on October 6, 1893; the last on October 10, 1893. The complaiuts were all verified.

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Before Izlar, J., Beaufort, November, 1893. These were seven actions against Libbey Bros, on notes and accounts for goods sold, the several plaintiffs being S. Guckenheimer & Sons, Herman &Kayton, Adams & Howe, Kavanaugh & Brennan, Ehrlich & Bro., William H. Lockwood, and the Savannah Grocery Company. The first six actions were commenced, and the attachments issued on October 6, 1893; the last on October 10, 1893. The complaiuts were all verified. The affidavit of W. H. Townsend in the first six cases merely stated the amounts due, giving the sources of his information. In the last case, his…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.1

In the month of October, 1893, *166attachments in the above seven cases were issued by the clerk of the court of Beaufort County against the property of the defendants, Libbey Brothers (C. F. Libbey and B. F. Libbey), who were then merchants doing business at Beaufort. The grounds for issuing the attachments were the same in all the cases — removal from the State and disposition or intended disposal of their property, with the intent to defraud their creditor’s. (See the affidavits of W. EL Townsend, Esq., A. S. Guckenheimer, EE. W.…

2Cases cited1 opinion

  1. Barker v. CookNew York Supreme Court · 1863

3Cited by3 opinions

  1. Four County Agricultural Credit Corp. v. MatthewsSupreme Court of South Carolina · 1942
  2. Munn v. MunnSupreme Court of South Carolina · 1928
  3. Carter Grocery Co. v. WilsonSupreme Court of South Carolina · 1930

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