Witte v. Wolfe
Supreme Court of South Carolina
Before Hudson, J., Fairfield, September, 1880. Action by George W. Witte and Arnim F. Witte, doing business as partners in a cotton factorage business under the firm name of Witte Brothers, against Saling Wolfe, Sarah S. Wolfe, Simon Baruch and other defendants, who were lien creditors of the two defendants first named.
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Before Hudson, J., Fairfield, September, 1880. Action by George W. Witte and Arnim F. Witte, doing business as partners in a cotton factorage business under the firm name of Witte Brothers, against Saling Wolfe, Sarah S. Wolfe, Simon Baruch and other defendants, who were lien creditors of the two defendants first named. The several securities and demands, upon which this action was founded, and the balances due thereon, together with other facts explaining the case, are stated in the opinion of this court. The Circuit decree, omitting its statement of the pleadings and order of sale, was as…
1Opinion of the Court
The opinion of the court was delivered by
McGowan, A. J.
On February 23d, 1874, Saling Wolfe and Sarah S. Wolfe, his wife, of Winnsboro, Fairfield county, executed to the plaintiffs their joint and several bond in the penalty of $12,000, conditioned for the performance of covenants, viz.: To pay $6,000 on the first of January then next, with interest thereon from date of advancement at the rate of one per cent, per month, “ and ship to them for sale, on commissions of two and one-half per cent., 375 bales of cotton before said first day of January next, and pay also to said Witte Brothers any…
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