Pilkington v. McBain, No. 21152

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM
Decision Date19 February 1980
PartiesCharles Henry PILKINGTON, Appellant, v. Robert D. McBAIN and Nancy E. McBain, Respondents.
Docket NumberNo. 21152

Page 916

262 S.E.2d 916
274 S.C. 312
Charles Henry PILKINGTON, Appellant,
v.
Robert D. McBAIN and Nancy E. McBain, Respondents.
No. 21152.
Supreme Court of South Carolina.
Feb. 19, 1980.

Page 917

[274 S.C. 313] George F. Abernathy, of Odom, Terry, Abernathy & Cantrell, Spartanburg, for appellant.

Joseph M. Fullwood, Lexington, and Jean L. Perrin, Columbia, for respondents.

PER CURIAM:

Appellant Charles Henry Pilkington brought this action against respondents Robert D. and Nancy E. McBain alleging fraud and seeks actual and punitive damages. The appeal is from an order sustaining respondent's demurrer to the complaint. We reverse.

On review of an order sustaining a demurrer, we are limited to a consideration of the allegations set forth in the pleading, and such allegations are presumed true. Bobo Brothers, Inc. v. South Carolina Tax Commission, 271 S.C. 18, 244 S.E.2d 519 (1978); See Crowley v. Bob Jones University, 268 S.C. 492, 234 S.E.2d 879 (1977). When under attack for alleged failure to state a cause of action, the pleading must be liberally construed in favor of the pleader and sustained if the facts and reasonable inferences to be drawn therefrom entitle him to relief on any [274 S.C. 314] theory of the case. Turner v. ABC Jalousie Company of North Carolina, 251 S.C. 92, 160 S.E.2d 528 (1968).

The gist of the instant complaint is that the respondents, in concert with certain others, forged appellant's signature to a "lost mortgage form" and affidavit of satisfaction pertaining to a mortgage they had previously given appellant. The satisfaction was then recorded in the office of the register of mesne conveyance for the county where the mortgage was on file. These acts of fraud, so it is further alleged, caused appellant to sustain actual and punitive damages in the amount of $300,000.00.

The demurrer challenged the sufficiency of the allegations to state a cause of action. On the strength of the case of Hopkins v. Fidelity Insurance Company, 240 S.C. 230, 125 S.E.2d 468 (1962), the lower court ruled appellant could have sustained no damage by reason of the fraudulent satisfaction since that purported instrument was a nullity, and on that basis the court sustained the demurrer. See Warr v. Carolina Power and Light Company, 237 S.C. 121, 115 S.E.2d 799 (1960).

In Hopkins, we reversed an order overruling a demurrer to an action for fraud and held it should have been sustained since the complaint showed on its face the plaintiff...

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9 practice notes
  • Mutual Sav. and Loan Ass'n v. McKenzie, No. 21228
    • United States
    • United States State Supreme Court of South Carolina
    • May 13, 1980
    ...to her prior life estate as a result of the subordinate mortgage given by appellant as a remainderman. In Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980), we distinguished the case of Hopkins v. Fidelity Insurance Company, 240 S.C. 230, 125 S.E.2d 468 (1962) in holding a demurrer to an ac......
  • Todd v. South Carolina Farm Bureau Mut. Ins. Co., No. 21448
    • United States
    • United States State Supreme Court of South Carolina
    • May 13, 1981
    ...of the case. Turner v. A B C Jalousie Company of North Carolina, Inc., 251 S.C. 92, 160 S.E.2d 528 (1968); Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980); Whale Branch Corporation [276 S.C. 289] v. Federal Land Bank of Columbia, S.C., 268 S.E.2d 583 When the pleading is reviewed in this ......
  • Gaskins v. SOUTHERN FARM BUREAU CAS., No. 25654.
    • United States
    • United States State Supreme Court of South Carolina
    • May 19, 2003
    ...rule, contrary to the Court of Appeals categorization of it as an outdated pleading requirement. See also Pilkington v. McBain, 274 S.C. 312, 314, 262 S.E.2d 916, 917 (1980). South Carolina law prohibits an insurer from knowingly misrepresenting to third-party claimants "pertinent facts or ......
  • Scott v. McCain, No. 21373
    • United States
    • United States State Supreme Court of South Carolina
    • January 14, 1981
    ...to be true by a liberal construction of the pleading in favor of McCain, as we are required to do, Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980); Whale Branch Corporation v. Federal Land Bank of Columbia, S.C., 268 S.E.2d 583 (1980), it appears that no cause for a counterclaim is stated......
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9 cases
  • Mutual Sav. and Loan Ass'n v. McKenzie, No. 21228
    • United States
    • United States State Supreme Court of South Carolina
    • May 13, 1980
    ...to her prior life estate as a result of the subordinate mortgage given by appellant as a remainderman. In Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980), we distinguished the case of Hopkins v. Fidelity Insurance Company, 240 S.C. 230, 125 S.E.2d 468 (1962) in holding a demurrer to an ac......
  • Todd v. South Carolina Farm Bureau Mut. Ins. Co., No. 21448
    • United States
    • United States State Supreme Court of South Carolina
    • May 13, 1981
    ...of the case. Turner v. A B C Jalousie Company of North Carolina, Inc., 251 S.C. 92, 160 S.E.2d 528 (1968); Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980); Whale Branch Corporation [276 S.C. 289] v. Federal Land Bank of Columbia, S.C., 268 S.E.2d 583 When the pleading is reviewed in this ......
  • Gaskins v. SOUTHERN FARM BUREAU CAS., No. 25654.
    • United States
    • United States State Supreme Court of South Carolina
    • May 19, 2003
    ...rule, contrary to the Court of Appeals categorization of it as an outdated pleading requirement. See also Pilkington v. McBain, 274 S.C. 312, 314, 262 S.E.2d 916, 917 (1980). South Carolina law prohibits an insurer from knowingly misrepresenting to third-party claimants "pertinent facts or ......
  • Scott v. McCain, No. 21373
    • United States
    • United States State Supreme Court of South Carolina
    • January 14, 1981
    ...to be true by a liberal construction of the pleading in favor of McCain, as we are required to do, Pilkington v. McBain, S.C., 262 S.E.2d 916 (1980); Whale Branch Corporation v. Federal Land Bank of Columbia, S.C., 268 S.E.2d 583 (1980), it appears that no cause for a counterclaim is stated......
  • Request a trial to view additional results

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