United Fabrics Corp. v. Delaney

• Decision Date: 24 October 1962
• Docket Number: No. 17980,17980
• Citation: United Fabrics Corp. v. Delaney, 128 S.E.2d 111, 241 S.C. 268 (S.C. 1962)
• Court: South Carolina Supreme Court
• Parties: UNITED FABRICS CORPORATION, Respondent, v. Carlyie DELANEY d/b/a Delaney Fine Furniture, Appellant.

Page 111

128 S.E.2d 111

241 S.C. 268

UNITED FABRICS CORPORATION, Respondent, v.Carlyie DELANEY d/b/a Delaney Fine Furniture, Appellant.

No. 17980.

Supreme Court of South Carolina.

Oct. 24, 1962.

Belser & Belser, Robert E. Kneece, Columbia, for appellant.

Edgar L. Morris, Columbia, for respondent.

BRAILSFORD, Justice.

In this action for the purchase price of goods sold and delivered by the plaintiff to the defendant, the plaintiff attached to its summons and complaint an affidavit stating the facts and claiming the right to 'attach and possess said personal property.'A paper styled 'bond in claim and delivery' and a requisition to the sheriff were also attached.The sheriff attached or seized the property under these papers.The defendant moved to set aside the attachment and have the property restored to his possession, contending that plaintiff had failed to comply with conditions precedent to a purchase money attachment under Sec. 10-951, Code of 1952; and that the complaint and attached papers failed to established plaintiff's right to possession of the property under the claim and delivery statute, Sec. 10-2501 et seq., Code of 1952.The plaintiff conceded non-compliance with statutory requisites for a purchase money attachment but contended that the seizure of the property was lawful under the claim and delivery statute.The lower court adopted this view and dismissed the motion.

The statutory remedy of claim and delivery is available only 'in an action to recover the possession of personal property * * *.'Sec. 10-2501.Therefore, the ruling below was erroneous unless the complaint states a cause of action for the possession of the property.That it does not is established by a brief quotation from the statement of the case, which is...