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Attorney(S)
  • Messrs. D.W. Robinson and D.W. Robinson, Jr., for appellant, cite: Rights of parties where new lease was entered into after the lien of the chattel mortgage attached Sec. 5285, 5286, Code. Construed: 107 S.C. 280. Mortgage lien attached to the fixtures immediately on the vesting of title in Hendrix Co.: 129 S.C. 58-65. A corporation must do some affirmative act to become liable on a contract made in its behalf by its promoters: 14 C.J., 262; 17 A.L.R., 452; 49 A.L.R., 674. Lease agreements not recorded within statutory period are void against chattel mortgagee: Sec. 5270, Code. Statute stricter than bailment statute: 125 S.C. 332. Messrs. Melton Belser, and Halcott P. Green, for respondent, cite: Failure to comply with Circuit Court Rule 28 by appellant in exceptions: 98 S.C. 211. Where the order from which notice of appeal is served is not appealable, the notice does not act as a supersedeas: 76 S.C. 189. Even after filing of return in Supreme Court on an appeal from a non-appealable order, the Circuit Court still has jurisdiction: 109 S.C. 358. Neither the order transferring the cause from Calendar I to Calendar 2, nor the refusing to direct issues for a jury are appealable: 52 S.C. 461. Decisive of questions involved at bar: 107 S.C. 280. Cases distinguished: 123 S.C. 350 Law of distress: Secs. 5283, 5285, 5286, Code; 26 S.C. 331; 36 S.C. 75. If property is purchased for a proposed corporation it will become liable upon the contract if, when organized, it takes the benefit of it: 17 A.L.R., 489, 495.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Messrs. D.W. Robinson and D.W. Robinson, Jr., for appellant, cite: Rights of parties where new lease was entered into after the lien of the chattel mortgage attached Sec. 5285, 5286, Code. Construed: 107 S.C. 280. Mortgage lien attached to the fixtures immediately on the vesting of title in Hendrix Co.: 129 S.C. 58-65. A corporation must do some affirmative act to become liable on a contract made in its behalf by its promoters: 14 C.J., 262; 17 A.L.R., 452; 49 A.L.R., 674. Lease agreements not recorded within statutory period are void against chattel mortgagee: Sec. 5270, Code. Statute stricter than bailment statute: 125 S.C. 332. Messrs. Melton Belser, and Halcott P. Green, for respondent, cite: Failure to comply with Circuit Court Rule 28 by appellant in exceptions: 98 S.C. 211. Where the order from which notice of appeal is served is not appealable, the notice does not act as a supersedeas: 76 S.C. 189. Even after filing of return in Supreme Court on an appeal from a non-appealable order, the Circuit Court still has jurisdiction: 109 S.C. 358. Neither the order transferring the cause from Calendar I to Calendar 2, nor the refusing to direct issues for a jury are appealable: 52 S.C. 461. Decisive of questions involved at bar: 107 S.C. 280. Cases distinguished: 123 S.C. 350 Law of distress: Secs. 5283, 5285, 5286, Code; 26 S.C. 331; 36 S.C. 75. If property is purchased for a proposed corporation it will become liable upon the contract if, when organized, it takes the benefit of it: 17 A.L.R., 489, 495.
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Smart Summary

DANA v. PEURIFOY, RECEIVER.

November 9, 1927. The opinion of the Court was delivered by

MR. JUSTICE COTHRAN.

The Court is entirely satisfied with the decree of his Honor Judge Wilson, and it is accordingly affirmed.

MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICES STABLER and CARTER concur.

MR. JUSTICE BLEASE disqualified.

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DANA v. PEURIFOY, RECEIVER
(Nov 9, 1927)