Huguenot Mills v. Jempson & Co.
Supreme Court of South Carolina
Before Purdy, J., Greenville, June, 1903. Action by Huguenot Mills against George F. Jempson & Co. From judgment for plaintiff, defendants appeal. cites: Proposed amendment adds nothing to complaint: 28 Am.
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Before Purdy, J., Greenville, June, 1903. Action by Huguenot Mills against George F. Jempson & Co. From judgment for plaintiff, defendants appeal. cites: Proposed amendment adds nothing to complaint: 28 Am. Dec., 650; 6 Fncy., 358; 22 Ency., 53; 17 Ency., 683; 2 Hill Ch.., 556. And plaintiff must recover through partnership: 20 S. C., 464; 29 S. C., 63. No• co-partnership ccm exist between a corporation and an individual: Clark on Corp., 150; 7 Ency., 794; Mechem on Part., sec. 26; 22 Ency., 70; 21 How., 441; 131 U. S., 384; 8 S. W., 397. As to effect of resale without notice to purchaser: 21…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The supplemental and amended complaint alleges that at the times therein mentioned, the plaintiff, a corporation, and Herbert Rountree were “partners (or associates in business) under the name of the Green-ville Commission Company;” that in November, 1900, the defendants agreed to buy from the plaintiff and Rountree, as such company, eighty bales of goods known as Granger Plaids, at three and three-fourths cents per yard, payable within ten days, the goods to be billed up and held for shipping instructions to> be given by the…
2Cases cited4 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
- Bulwinkle & Co. v. Cramer & BlohmeSupreme Court of South Carolina · 1887
- French v. DonohueSupreme Court of Minnesota · 1882
3Cited by9 opinions
- Lawrence Raymond King v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- Ed S. Michelson, Inc. v. Nebraska Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1933
- Ellison & Co. v. Johnson & Co.Supreme Court of South Carolina · 1906
- Bean v. Piedmont Interstate Fair Ass'nCourt of Appeals for the Fourth Circuit · 1955
- Johnston Mfg. Co. v. Wilson Thread Co.Court of Appeals for the Fourth Circuit · 1920
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