Legal Opinion

Williams v. Benet

Supreme Court of South Carolina

Decided April 23, 1891PublishedCited by 1 opinion

Before Aldrich, J., Abbeville, At the hearing of this appeal, Hon. W. H. Wallace, Judge of the Seventh Circuit, sat in the place of Mr. Justice McGowan, who was disqualified by reason of his relation by marriage to the defendant. It was an action by James T. Williams and Charles Z. McCord, as receivers of the Georgia Construction and Investment Company, against W. C. Benet, to recover unpaid instalments of stock subscription.

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Before Aldrich, J., Abbeville, At the hearing of this appeal, Hon. W. H. Wallace, Judge of the Seventh Circuit, sat in the place of Mr. Justice McGowan, who was disqualified by reason of his relation by marriage to the defendant. It was an action by James T. Williams and Charles Z. McCord, as receivers of the Georgia Construction and Investment Company, against W. C. Benet, to recover unpaid instalments of stock subscription. In support of the defence stated in the opinion, defendant testified that he had never subscribed to the capital stock of the corporation, but that the subscription had…

1Opinion of the Court

-The opinion of the court was delivered by

Mu. Justice Wallace.

This is an action at law brought to recover an unpaid balance of a subscription to the capital stock of the Georgia Construction and Investment Company. The defendant denies that he subscribed to the stock or paid any instalment thereon, and sets up a special defence, to wit: “1st. That the defendant was the attorney and counsellor of Susong & Co. prior to the organization of the Georgia Construction and Investment Company, who were the contractors and had the control of the Atlantic, Western & Knoxville Railway Co., and as such…

2Cited by1 opinion

  1. Baker v. Mutual Loan & Investment Co.Supreme Court of South Carolina · 1950

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