Pearson v. Mills Mfg. Co.

• Decision Date: 04 May 1909
• Citation: 64 S.E. 407,82 S.C. 506
• Parties: PEARSON v. MILLS MFG. CO.
• Court: South Carolina Supreme Court

64 S.E. 407

82 S.C. 506

PEARSON v. MILLS MFG. CO.

Supreme Court of South Carolina

May 4, 1909

Appeal from Common Pleas Circuit Court of Greenville County; J. C Klugh, Judge.

Action by B. F. Pearson against the Mills Manufacturing Company. Judgment for defendant, and plaintiff appeals. Affirmed.

J. R Martin, for appellant.

Cothran Dean & Cothran, for respondent.

HYDRICK J.

Plaintiff brought this action under sections 2719 and 2720 of Civil Code of 1902 to recover of defendant $50, the penalty provided by section 2720, and $1.13 discount, which had been deducted from the face value of certain memoranda, tokens, or evidences of indebtedness, commonly called merchandise checks, which had been issued to him by defendant in payment for the labor of his minor children in the defendant's cotton factory. Plaintiff testified, in substance, as follows: In the fall of 1906 he had four children working in defendant's mill. Some dissatisfaction arose, and he gave two weeks' notice of his intention to quit, and did quit accordingly. He applied to defendant's bookkeeper for his time, and the bookkeeper gave him $11.25 in metal checks, which were good for merchandise only at defendant's store. He took them to the manager of defendant's store, who gave him $10.12 in cash for them. Defendant had two regular pay days in each month. This transaction did not occur on a regular pay day. He did not present the checks on a regular pay day, and demand cash for them. He did not demand their face value in merchandise. He was not required to take the checks, but took them rather than go back to the mill on a regular pay day, and get the money due him. Upon the close of plaintiff's testimony the trial judge granted defendant's motion for nonsuit.

The sections of the Code referred to are as follows: Section 2719: "It will not be lawful for any corporation, person or firm in this state to issue, pay out or circulate for payment of the wages of labor, any order, check, memorandum token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, unless the same is negotiable or redeemable at its face value, without discount, in cash or goods, wares or merchandise or supplies, at the option of the holder, at the store or place of business of such firm, person or corporation, or at the store of any other person on whom such paper may be drawn, where goods, wares or merchandise are kept for sale, sold or exchanged, and the person who, or corporation, firm or company which, may issue any such order, check, memorandum, token or other evidence of indebtedness, shall, upon presentation and demand, within thirty days from the date of delivery thereof, redeem the same in goods, wares, merchandise or supplies, at the current cash market price for like goods, wares, merchandise or supplies, or in lawful money of the United States, as may be demanded by the holder of any such order, memorandum, token or other evidence of indebtedness: Provided, that if said corporation, person or firm engaged as specified...