58 S.C. 269 | S.C. | 1900
The opinion of the Court was delivered by
The Bailey Liquor Company, whose domicile is in the State of Georgia, became indebted to William Lanahan & Son, a firm doing business in the city of Baltimore, Maryland, for about $1,575, and having failed to pay that debt, or any part thereof, said Lanahan & Son began suit against the said Bailey Liquor Company to recover the said $1,575 in the Court of Common Pleas for Abbeville County, in the State of South Carolina, in which county the said Bailey Liquor Company had some liquors of value; and as an incident to said suit, the said Lanahan & Son sued out a writ of attachment on the 10th day of November, 1897, under which F. W. R. Nance, Esq., as the sheriff of said Abbeville County, seized the liquor belonging to the Bailey Liquor Company; but on the nth day of November, 1897, the Neal Loan and Banking Company, of Atlanta, Ga., gave a notice in writing to said E. W. R. Nance, Esq., as said sheriff, that all the interest and estate of the B'ailey Liquor 'Company in the liquors, &c., attached by him in Abbeville had been conveyed for full value to the said Neal Loan and Banking Company, which said company were the legal owners thereof. A motion was made by the Bailey Liquor Company to dissolve the attachment sued out by Lanahan & Son. This motion was finally granted by the Supreme Court of this State. See Lanahan & Son v. Bailey Liquor Company, 53 S. C., 489. After the remittitur reached the Circuit Court for Abbeville, S. C., the Neal Loan and Banking Company applied to the said Judge of the Court of Common Pleas for Abbeville County, S. C., for an order framing an issue as to the ownership of these liquors. Wm. Lanahan & Son alone contested this ownership. On the 3d October, 1899, Judge Ernest Gary directed the following issue to be tried by a jury: “Was the Neal Loan and Banking Company the owner of, and entitled to, the property attached in this case, at the time of attachment?” On the 6th day of April, 1900, this issue came on for trial before his Honor, Judge Watts, and a jury. Testimony was submitted by the Neal Loan and Banking Company through several
As to the first exception, we do not see that the Circuit Judge was guilty of any error. In the first place, what concern is it of Lanahan & Son to protect the property of the Bailey Liquor Company. Certainly, although the Bailey Liquor Company is a party to this action, we have yet to learn that any objection to the claim of Neal Loan and Banking Company has been made by it. Certain it is that Lanahan & Son are not the owners of this property, for their attempted lien was upset by this Court. See 53 S. C., 489.
As to the second exception, we do not see how the purposes of the Neal Loan and Banking Company as to these liquors can here be brought in question by Lanahan & Son; they do not represent the State of South Carolina or any of its municipalities; they are citizens of Maryland, and this view disposes of the third exception also.
As to the fourth exception, we will say that we do not regard the instrument executed by Bailey Liquor Company to Neal Loan and Banking Company as an assignment, in the light of our South Carolina laws governing assignments. It was a sale outright.
Lastly, as to the fifth exception, we must say that we cannot view with approval the solicitude manifested by Lanahan & Son, who are liquor dealers themselves, as to a violation of the dispensary law of the State of South Carolina rendering null and void any obligations contracted in the sale of liquors.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.