44 S.C. 444 | S.C. | 1895
The opinion of the court was delivered by
The plaintiffs brought this action to recover the possession of ten bales of cotton in the possession of the Southern Railway Company, and damages for the detention thereof, to which the defendant, James F. Burgiss, was made a party, as claiming some interest in the said cotton. Omitting the allegations of the partnership character of the plaintiffs and the corporate character of the defendant company, the allegations of the complaint may be stated substantially as follows: 3. That the plaintiffs were the owners of and entitled to the immediate possession of the said ten bales of cotton. (A) That plaintiffs, previous to the time stated, agreed with the defendant, Burgiss, to pay for what cotton his agent purchased in the town of Honea Path, and that he, Burgiss, would pay the plaintiffs the amount advanced, with express charges, and a quarter of one per cent, on the money advanced. Plaintiffs were to draw on the said Burgiss, with bill of lading attached, for the amount advanced, with the expenses aforesaid. Burgiss agreed to honor said drafts, and
By way of defence, this defendant makes the following allegations substantially: 1st. That the cotton was delivered to the agent of their predecessor, at Honea Path, for shipment: “Consigned to James F. Burgiss, order notify Pelham Mills, Green-ville, S. C.,” and the agent issued therefor, a regular bill of lading, which is now, as plaintiffs allege, in their possession. 2d. That said cotton is now stored in defendant’s depot at Greenville, S. C. 3d. “That this defendant has been notified by both the plaintiffs and the defendant, J. F. Burgiss, not to deliver said cotton to the other of said parties; that it has no
The defendant, Burgiss, also answered, raising certain issues with the plaintiffs, which, not being pertinent to the appeal, need not be stated.
At the first term of the court after this action was commenced, a motion was made by the Southern Railway Company, before his honor, Judge Watts, after due notice, based upon certain affidavits annexed, for an order of interpleader, requiring the plaintiffs and defendant, Burgiss, to litigate between themselves the right to the possession of the property in dispute, and disr charging the defendant company from all liability to either pakty, on its delivering the property or its value to such person as the court may direct. One of these affidavits was made by the resident agent of defendant company at Greenville, in which, after stating the facts set up in that defendant’s answer, which need not be repeated here, expressly denies all collusion between the defendant company and‘either of the other parties. There was another affidavit of one of the attorneys for defendant company, that he had offered to deliver the cotton to plaintiffs upon their,executing a bond indemnifying defendant company against, the claims of defendant, Burgiss, which offer was declined. It was admitted at the hearing of the motion, that the attorney for plaintiffs had exhibited to the attorney for defend