Morgan Silver Plate Co. v. Bobo Undertaking Co.
Supreme Court of South Carolina
Before Sease, J., Spartanburg, Summer term, 1916. Action by the Morgan Silver Plate Company against the Bobo Undertaking Company, R. E. Cudd and others, and C. P. Hammond and others. From a judgment for plaintiff, defendants, Cudd and others and Hammond and others, appeal.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
There is but one issue in the case, and that is: Who is entitled to priority of payment out of the proceeds of a stock of goods and fixtures, a mortgage creditor of the tenant of the store, or the landlord of the store?
There is no dispute about the facts, but only about the inference to be drawn from them. The issues are chiefly of law, and of statute law at that. The circumstances of the case are these:
The Bobo Company, undertaker by trade, was tenant of a storeroom for the years 1910, 1911, 1912, 1913, 1914 and part of 1915. In some…
2Cases cited4 opinions
- Laurens Telephone Co. v. Enterprise BankSupreme Court of South Carolina · 1911
- Hellams v. PattonSupreme Court of South Carolina · 1895
- Bischoff v. TrenholmSupreme Court of South Carolina · 1892
- Brewster v. McNabSupreme Court of South Carolina · 1892
3Cited by8 opinions
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- Ex Parte StackleySupreme Court of South Carolina · 1931
- Lucas & Brunson v. Gotham Braid Works, Inc.Supreme Court of South Carolina · 1931
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