Legal Opinion

Steele, Receiver v. Singletary

Supreme Court of South Carolina

Decided February 27, 1922No. 10836PublishedCited by 6 opinions

Before Memminger, J., Florence,’ May 1921. Action by J. B. Steele, as Receiver of Planters Fertilizer & Oil Co., against John G. Singletary.

Read the full summary

Before Memminger, J., Florence,’ May 1921. Action by J. B. Steele, as Receiver of Planters Fertilizer & Oil Co., against John G. Singletary. From order sustaining demurrer to- the answer, and giving judgment for plaintiff by default the defendant appeals. cite: Demurrer admits allegations of fact: 97 S. C., 413; 98 S. C., 162; 108 S. C. 364. Receiver steps into shoes of corporation, subject to all rights and liabilities: 34 Cyc., 192, 388, 405; 146 U. S., 499. Judge cannot assume facts not alleged: 72 S. C., 137; 80 S. C., 432. Cases in which Receiver will be appointed: Pom. Eq. Juris., Secs.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action upon a promissory note, signed by the defendant,' dated July 26, 1918, due 30 days after date, amount $400, payable to himself and indorsed to the Planters Fertilizer 6 Oil Company, ‘ of which company the plaintiff was appointed Receiver by order of Court dated June 18, 1920.

The defendant alleges in his answer that the note was given in payment of a subscription made by him to the capital stock of the said corporation, five shares par value $100 per share; that he paid $100 cash, and gave said note for the remainder of his…

2Cases cited2 opinions

  1. Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896
  2. Gress v. KnightSupreme Court of Georgia · 1910

3Cited by6 opinions

  1. Miller v. Premier Corp.Court of Appeals for the Fourth Circuit · 1979
  2. Burningham v. BurkeUtah Supreme Court · 1926
  3. Steele, Receiver v. KirvenSupreme Court of South Carolina · 1922
  4. Steele, Receiver v. ColemanSupreme Court of South Carolina · 1922
  5. Austin v. SoucekSupreme Court of Oklahoma · 1928

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API