Supreme Court of South Carolina, 1922

Behrmann v. Brown

Supreme Court of South Carolina · Decided July 5, 1922 · Gary

113 S.E. 273; 122 S.C. 39; 1922 S.C. LEXIS 220 (South Eastern Reporter)

Counsel

Mr. Octavus Cohen , for appellant, cites: Competent to show that mortgage also secured open account: 31 S.C. 259 . Also may be taken as security for future advances: 16 S.C. 352 ; Jones Mtgs. Sec. 374; 27 S.C. 324 ; 17 S.C. 329 ; 16 S.C. Eq., 2. Mr. Norval N. Newell , for respondent, cites: Rule as to application of proceeds of mortgaged property: 104 S.C. 508 . Mortgagee cannot recover more than penal sum recited: 1 McC. 503; 3 McC. 112; McM. Eq., 197; 10 Rich. Eq., 155; 27 S.C. 177 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Ci-iiEP Justice Gary.

It will not be necessary to consider the exceptions in detail. It was clearly the intention of the mortgagor, not only to secure the payment for the advances made to him by the mortgagee to the aggregate amount of $250 mentioned in the chattel mortgage and the amount of $99 mentioned in the bill of sale, but likewise the payment for any additional advances made by the mortgagee to the mortgagor. Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.