Gibbes MacHinery Co. v. Hamilton

Supreme Court of South Carolina August 10, 1911

Gibbes MacHinery Co. v. Hamilton, 71 S.E. 1029 (S.C. 1911)

89 S.C. 438; 1911 S.C. LEXIS 294

PIydrick

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice PIydrick.

In an action for foreclosure by the assignee of a mortgage given to secure the purchase price of machinery, defendant, the mortgagor, denied the ¡allegations of the complaint, and set up, as affirmative defenses, misrepresentation and breach of warranty of the condition of machinery, failure of consideration-, and a counterclaim for damages for fraud and collusion between plaintiff and his assignor, the original mortgagee, in obtaining the mortgage from defendant. .Held, that defendant was not *439 entitled to a trial by jury. Bouland v. Garpin, 27 S. C. 235, 3 S. E. 219; McLaurin v. Hodges, 43 S. C. 187, 20 S. E. 991; Pratt v. Timmerman, 69 S. C. 186, 48 S. E. 255.

Affirmed.

Reference

Full Case Name: Gibbes MacHinery Co. v. Hamilton.
Cited By: 2 cases
Status: Published
Syllabus: Issues — -Foreclosure.'—Defendant is not entitled to a trial by jury in an action for foreclosure of a mortgage on machinery by the assignee when he sets up the defenses, misrepresentation, breach of warranty of the condition of the machinery, failure of consideration, and a counterclaim for damages for fraud and collusion between plaintiff and his assignor.