Robert Buist Co. v. Lancaster Mercantile Co.
Supreme Court of South Carolina
Before Watts, J., Lancaster, October term', 1904. Action by Robert Buist Co-, against Lancaster Mercantile Co1. From' judgment in favor of plaintiff, it appeals. cite: As to proof of agency by declarations and acts of agent: 1 Bail., 201; 17 S. C., 139; 39 S. C., 525. Newt trial should have been granted as there was no• evidence t0‘ support the verdict: 65 S. C., 203. Verdict not being in accordance with charge should have been set aside: 16 S. C., 14; 8 S. C., 200. cite:…
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Before Watts, J., Lancaster, October term', 1904. Action by Robert Buist Co-, against Lancaster Mercantile Co1. From' judgment in favor of plaintiff, it appeals. cite: As to proof of agency by declarations and acts of agent: 1 Bail., 201; 17 S. C., 139; 39 S. C., 525. Newt trial should have been granted as there was no• evidence t0‘ support the verdict: 65 S. C., 203. Verdict not being in accordance with charge should have been set aside: 16 S. C., 14; 8 S. C., 200. cite: Incompetent evidence not objected to becomes competent: 35 S. C., 572; '52 S. C., 193. Under agreement defendant1s manager…
1Opinion of the Court
November 7, 1905. The opinion of the Court was delivered by This action has been on appeal once before. See 68 S.C. page 523. There were two points decided on that appeal, to wit:
I. That it was the duty of the jury to accept the charge of the Circuit Judge and return a verdict in accordance therewith, and upon a failure to do so that this Court will order a new trial.
II. That where a contract is silent as to whether the shipper of a consignee shall pay the freight on the shipment the presumption of the law is that the consignee will pay the freight of shipment, but that this presumption of…
2Cases cited1 opinion
- McGhee v. WellsSupreme Court of South Carolina · 1900
3Cited by6 opinions
- Thornton v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1914
- Cogswell v. CannadySupreme Court of South Carolina · 1926
- Chandler v. People's National BankSupreme Court of South Carolina · 1927
- Bell v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1930
- Neely v. LoveSupreme Court of South Carolina · 1928
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