Copeland v. Southern Ry.
Supreme Court of South Carolina
Before Watts, J., Bamberg, Winter Term, 1906. Action by J. D. Copeland, Manager, against Southern Ry. Co. Prom judgment for plaintiff, defendant appeals. cites: Trustee of an express trust must allege for whom the action is maintained: Code of Proc., 132, 134; Pom. Code Rem., secs. 128, 175, 124, 143, 171-182. Delivery must be clearly shown: 5 Ency., 520; 21 Ency., 498; Moore on Carriers, 133 et seq.
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Before Watts, J., Bamberg, Winter Term, 1906. Action by J. D. Copeland, Manager, against Southern Ry. Co. Prom judgment for plaintiff, defendant appeals. cites: Trustee of an express trust must allege for whom the action is maintained: Code of Proc., 132, 134; Pom. Code Rem., secs. 128, 175, 124, 143, 171-182. Delivery must be clearly shown: 5 Ency., 520; 21 Ency., 498; Moore on Carriers, 133 et seq. Custom is a general use: 27 Ency., 702. Agent had no authority to make agreement sued on: Moore on Car., 367 et seq. oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff, styling himself J. D. Copeland, Manager, and alleging that now and at the times mentioned in the complaint he is and was engaged in business as trustee of an express trust under said name, brought this action to recover of defendant five hundred dollars, the value of eight bales of lint cotton, which he alleged was delivered by him to the defendant October 13, 1905, upon its platform at Bamberg, S. C., to be transported by it to Orangeburg, S. C., and there delivered to the Orangeburg Manufacturing Company for the usual…
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- Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921
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