Carolina Boat & Plastics Co. v. Glascoat Distributors, Inc., 18594
| Decision Date | 10 January 1967 |
| Docket Number | No. 18594,18594 |
| Citation | 249 S.C. 49,152 S.E.2d 352 |
| Parties | CAROLINA BOAT AND PLASTICS COMPANY, Inc., Respondent, v. GLASCOAT DISTRIBUTORS, INC., Appellant. |
| Court | South Carolina Supreme Court |
William C. Hanna, Hampton, and Lumpkin & Kemmerlin, Columbia, for appellant.
Holland Smith, Hampton, for respondent.
The summons and complaint in this action were served through the office of the Secretary of State pursuant to Section 10--424 of the 1962 Code. The defendant, appearing specially, moved to dismiss upon the ground that it was a foreign corporation not transacting business in this state within the meaning of the statute, and therefore not amenable to substituted service of process. From an order denying that motion it has appealed.
Plaintiff, Carolina Boat and Plastics Company, Inc., is a South Carolina corporation with its principal place of business in the Town of Varnville in Hampton County, South Carolina. It is engaged in the manufacture of fiberglass and plastic boats. Defendant, Glascoat Distributors, Inc., is a Delaware corporation with its principal place of business in Miami, Florida, and a branch office in Atlanta, Georgia. It is engaged in the sale and distribution of supplies used in the manufacture of plastic products. For brevity we shall refer to the plaintiff as Carolina and to the defendant as Glascoat.
The complaint alleged: that Carolina was incorporated in May, 1961, as the successor in business of Carolina Plastic & Fiberglass Engineering Company; that it had assumed certain obligations, among them the obligation to pay seven worthless checks, aggregating in amount $1,153.62, that had been given by its predecessor's manager, G. L. Robinson, to Glascoat; that its agreement with Glascoat in respect of that obligation permitted it to retire those checks one by one; that in accordance with that agreement it had paid five of said checks with its funds so earmarked, and Glascoat had accepted the same; that thereafter on or about June 10, 1961, it had mailed to Glascoat its check for $172.50 to retire the sixth of said worthless checks, and that Glascoat had accepted that payment but in violation of its aforesaid agreement had credited it against another debt allegedly due it by Robinson which Carolina had not assumed and of which it had no knowledge; that Glascoat had rejected Carolina's demand that its check be returned or properly credited, and had proceeded criminally against Robinson on his check that Carolina had thus paid; and that Glascoat's failure to carry out its agreement, its refusal to return or properly credit Carolina's check, and its misappropriation of the proceeds thereof, were wilful, reckless and unlawful, and by reason of its said acts and omissions it was liable to Carolina in damages, actual and punitive.
It appears...
To continue reading
Request your trial
-
Gardner v. QHS, INC.
...F. Supp. 373 (D.S.C.1967); Graybill v. Sims Saddle & Leather Co., 241 F.Supp. 432 (E.D.S.C.1965); Carolina Boat & Plastics Co. v. Glascoat Distributors, 249 S.C. 49, 152 S.E.2d 352 (1967). The constitutional question posed is whether South Carolina may, consistently with due process, exerci......
-
Triplett v. R. M. Wade & Co.
...Motor Co., 200 S.C. 393, 21 S.E.2d 34; Jones v. General Motors Corp., 197 S.C. 129, 14 S.E.2d 628; Carolina Boat and Plastics Co. v. Glascoat Distributors, Inc., 249 S.C. 49, 152 S.E.2d 352; State v. Ford Motor Co., 208 S.C. 379, 38 S.E.2d 242; West's South Carolina Digest, Appeal and Error......
-
Middlebrooks v. Curtis Publishing Company
...activity rather than quantity. Shealy v. Challenger Mfg. Co., 304 F.2d 102, 104 (4th Cir. 1962); Carolina Boat & Plastics Co. v. Glascoat Distributors, Inc., 152 S.E.2d 352 (S.C. 1967); Boney v. Trans-state Dredging Co., 237 S.C. 54, 115 S.E.2d 508 (1960). In this diversity action the court......
-
Ratliff v. Cooper Laboratories, Inc.
...Shoe. See Shealy v. Challenger Manufacturing Co., 304 F.2d 102, 107 (4th Cir. 1962); Carolina Boat & Plastic Co. v. Glascoat Distributors, Inc., 249 S.C. 49, 152 S.E.2d 352 (1967). Our inquiry is therefore limited to a determination of whether the facts in the instant case fall within those......