Hill v. Winnsboro Granite Corp.
Supreme Court of South Carolina
Before Prince, J., Fairfield, Spring term, 1918. submit: Is the contract of sale in this case to be construed as a conditional sale or as a chattel mortgage? 6 Am. & En.
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Before Prince, J., Fairfield, Spring term, 1918. submit: Is the contract of sale in this case to be construed as a conditional sale or as a chattel mortgage? 6 Am. & En. Enc. of Law, p. 453; Harper’s Raw 391; 16 (S. C. R. 391) ; Rice’s Raw 421; 24 S. C. R. 421; 14 S. C. 522; 18 S. C. 446; 21 S. C. 212; 27 S. C. 624; 43 S. C. 39. But, assuming for the purpose of argument, that the agreement between the plaintiff and the defendant, Winnsboro Granite Corporation, is to be construed as a mortgage, still the defendant had a right to seise the property: 105 S. C. 137; 5 S. C. R. (3 Brev.) 68; S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an action in claim and delivery and for actual and punitive damages, for the alleged wrongful seizure of certain personal property.
The third paragraph of the complaint is as follows:
“That on the 24th day of September, 1915, the plaintiff intended to ship said property to Elberton, in the State of Georgia, had loaded a large part of the same onto a car belonging to the Southern Railway Company, and was engaged in loading said car for shipment when the defendant, the Winnsboro Granite Corporation, through its officers,…
2Cases cited6 opinions
- Singer Manufacturing Co. v. SmithSupreme Court of South Carolina · 1894
- State v. RiceSupreme Court of South Carolina · 1895
- Perkins v. Loan & Exchange BankSupreme Court of South Carolina · 1895
- Munroe v. WilliamsSupreme Court of South Carolina · 1892
- Quattlebaum v. TaylorSupreme Court of South Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Speizman v. GuillSupreme Court of South Carolina · 1943
- Beauchamp v. Winnsboro Granite Corp.Supreme Court of South Carolina · 1920
- General Motors Acceptance Corp. v. HanahanSupreme Court of South Carolina · 1928
- Northwest Realty Company v. PerezSouth Dakota Supreme Court · 1965
- American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
6 more not listed; retrieve them via the Exa API.