Gibbes Machinery Co. v. Hamilton
Cases that cite this one
2 later published cases cite this decision.
- Young v. Vail (N.M. 1924)
- The Mobley Co. v. McLucas (S.C. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of the Court was delivered by
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.