Cleveland v. Cannady

• Decision Date: 25 August 1919
• Docket Number: 10269.
• Parties: CLEVELAND v. CANNADY ET AL.
• Court: South Carolina Supreme Court

100 S.E. 147

112 S.C. 477

CLEVELAND v. CANNADY ET AL.

No. 10269.

Supreme Court of South Carolina

August 25, 1919

Appeal from Common Pleas Circuit Court of Greenville County; I. W Bowman, Judge.

Action by Grover Cleveland against J. C. Cannady and H. C. Harvley agent for the Charleston & Western Carolina Railway Company. From an order denying a motion to vacate the attachment defendant Harvley appeals. Reversed.

Cothran Dean & Cothran, of Greenville, for appellant.

H. P. Burbage, of Greenville, for respondent.

HYDRICK J.

On March 23, 1919, the defendant Cannady, a resident of Douglas, in the state of Georgia, on an order from plaintiff, shipped a carload of potatoes to Greenville, S. C., and consigned them to himself, with directions to notify himself. He made draft on plaintiff, for whom they were intended, for the price thereof, $978.53, attached it to the bill of lading, which he indorsed, and delivered both to a bank for collection of the draft and delivery of the bill of lading on payment thereof. The shipment arrived on March 26th, but the bill of lading and draft were delayed, and did not reach there until March 31st. On arrival of the potatoes, plaintiff applied to Harvley, the agent of the railway company, for them; but Harvley told him that he could not deliver them without production of the bill of lading, indorsed by Cannady. As the potatoes were perishable, and plaintiff was anxious to get them at once, he deposited with Harvley a certified check for the amount of the draft to indemnify Harvley against loss by reason of his delivering the potatoes to him without the order of Cannady, contained in the indorsed bill of lading, and the potatoes were delivered to him. This was done without the knowledge or consent of Cannady.

On the same day (March 26th) plaintiff brought this action against Cannady, making Harvley, as agent of the railway company, a party defendant, and alleging that, when he took the potatoes out of the car, he discovered that they were not the kind or quality ordered, and were badly damaged by decay, and claimed damages to the amount of $400. He procured a warrant of attachment against the property of Cannady, which was issued on the ground that he was not a resident of this state, and had the same levied on the check in Harvley's hands, as Cannady's property.

The court erred in refusing Harvley's motion to vacate the attachment, made on the ground that Cannady...