Manning v. Watson

Court of Appeals of South Carolina

Manning v. Watson

1 S.C. Eq. 60, 25 S.C.L. 60

DecidedFebruary 15, 1840

StatusPublished

This text of 1 S.C. Eq. 60 (Manning v. Watson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manning v. Watson, 1 S.C. Eq. 60, 25 S.C.L. 60 (S.C. Ct. App. 1840).

Pincite

Opinion

Curia, per

O’Neall, J.

The plaintiff’s motion is concluded by the case of Ewart vs. Kerr, (Rice R. 203.) But, apart from that authority, there could not be a doubt of the defendant’s discount being a proper one. It has long been the practice to allow the injury done to goods in transportation to be set off against the claim for freight. The defendant’s cross demand arises ex contractu, and, as such, may always be set up in discount undei our law, (P. L. 246; 4 Stat. So. Ca.76,) which admits “any account, reckoning, demand, cause, matter, or thing.” If the damages arise ex delicto, they cannot be. so set-off; and this distinction, if kept [61]*61in mind, will prevent the profession from supposing that there is any conflict between the case of Ewart vs. Kerr and that of Johnson vs. Wideman, (Rice R. 325.)

Yeadon Sf Macbeth for the motion ; Walker, contra. Gantt, Richardson, Earle, and Butler, JJ. concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Curia, per

O’Neall, J.

The plaintiff’s motion is concluded by the case of Ewart vs. Kerr, (Rice R. 203.) But, apart from that authority, there could not be a doubt of the defendant’s discount being a proper one. It has long been the practice to allow the injury done to goods in transportation to be set off against the claim for freight. The defendant’s cross demand arises ex contractu, and, as such, may always be set up in discount undei our law, (P. L. 246; 4 Stat. So. Ca.76,) which admits “any account, reckoning, demand, cause, matter, or thing.” If the damages arise ex delicto, they cannot be. so set-off; and this distinction, if kept [61]*61in mind, will prevent the profession from supposing that there is any conflict between the case of Ewart vs. Kerr and that of Johnson vs. Wideman, (Rice R. 325.)

Yeadon Sf Macbeth for the motion ; Walker, contra. Gantt, Richardson, Earle, and Butler, JJ. concurred.

Cite This Page — Counsel Stack

Bluebook (online)

1 S.C. Eq. 60, 25 S.C.L. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-watson-scctapp-1840.