Seacoast Packing Co. v. Schein

Supreme Court of South Carolina

Seacoast Packing Co. v. Schein

108 S.E. 289, 117 S.C. 90, 1921 S.C. LEXIS 139

CourtSupreme Court of South Carolina

DecidedAugust 1, 1921

Docket10705

StatusPublished

This text of 108 S.E. 289 (Seacoast Packing Co. v. Schein) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seacoast Packing Co. v. Schein, 108 S.E. 289, 117 S.C. 90, 1921 S.C. LEXIS 139 (S.C. 1921).

Pincite

Opinions

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is a case similar to the case of Seacoast Packing Co., v. Long, filed herewith, 108 S. E. 159.

The complaint alleges that the defendant subscribed in writing for 10 shares of the capital stock of the plaintiff corporation, and had failed to comply with the terms of his contract. Ah order was made on motion of the plaintiff striking out the second, third, and fourth defenses. From this order the defendant appealed.

1 1. There was no error in striking out the second defense. This defense was¡ based on mere rumor, not connected in any way with the plaintiff or its duly authorized agents.

*92 2 II. The third defense sets up a violation of the terms of his subscription, and is not subject to being stricken out as sham.

3 III. The fourth defense is based upon the violation of the conditions of defendant’s subscription and cannot be stricken out as sham.

The judgment appealed from is modified. •

Mr. ChiEE Justice Gary and Mr. Justice Watts concur.

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