New Home Sewing Machine Co. v. Wray

Citations

• 28 S.C. 86
• 5 S.E. 603
• 1888 S.C. LEXIS 43

Syllabus

<p>1. Can this court consider the objection that the complaint does not state facts sufficient to constitute a cause of action, when no such position was taken in the court below ?</p> <p>2. A complaint cannot bo said not to state facts sufficient to constitute a cause of action, if the facts stated constitute any cause of action.</p> <p>3. A demurrer upon the ground that two causes of action have been im- ' properly united in a complaint, cannot be sustained where one of such causes of action is insufficiently stated.</p> <p>4. A complaint which alleges the purchase by defendant of goods, the giving of several notes therefor, his subsequent assignment of some of his personal property, and the fraudulent conveyance of a tract of land in another county, would really state but one cause of action, if the action could bo regarded as a creditor’s action.</p> <p>5, But there being no allegation that plaintiff had exhausted his legal remedies, or that the assignment by defendant covered all of his estate, it cannot bo regarded as a creditor’s action.</p> <p>6. Falso and fraudulent representations made by A, whereby plaintiff was induced to extend to B a credit which would not otherwise have been extended, does not give to plaintiff a cause of action against A.</p> <p>7. This was not an action in part for the recovery of land in another county. If it had been, the complaint would have been to that extent bad on demurrer, as the court in one county cannot determine the interests of a party to lands in another county. This case distinguished from Barrett v. Waits, 13 S. O., 441.</p> <p>8. Demurrer to the complaint being taken in good faith, the court, on overruling it, should permit defendant to answer. Permission to plead to such amended complaint as plaintiff might be advised to file, falls short of giving full leave to answer, as the plaintiff was not bound to amend.</p>