Legal Opinion · Dissent

Ex Parte Sanders

Supreme Court of South Carolina

Decided November 16, 1932No. 13512Published

1Dissent

Mr. Acting Associate Justice W. C. Cothran

(dissenting) .

I concur in the proposed result of the opinion of the Chief Justice upon the ground that the Act of 1930 is conclusive of this case and is applicable thereto. The draft accepted by Sanders was not an unconditional credit; in fact, this draft was not entered on the books of any bank as a credit.

While believing that Sanders is entitled to a preference, I do not think the cases of Railway Express Agency v. Bethea, 165 S. C., 230, 163 S. E., 637, or Hampton Loan & Exchange Bank v. Lightsey, Receiver, 155 S. C., 222, 228, 152 S. E., 425, are…

2Cases cited2 opinions

  1. Hampton Loan & Exchange Bank v. LightseySupreme Court of South Carolina · 1930
  2. Railway Express Agency v. BetheaSupreme Court of South Carolina · 1932

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