Singer Manufacturing Co. v. Smith

Citations

• 40 S.C. 529
• 19 S.E. 132
• 1894 S.C. LEXIS 172

Syllabus

<p>1. Lease — Chattel Mortgage. — A paper purporting to be a lease, whereby a sewing machine valued at §¡>55 is put into the lessee’s possession, he paying §10 in cash for rent and agreeing to pay §3 every month for fifteen successive months, held to be a chattel mortgage.</p> <p>2. Claim and Delivery — Defence.—-In action by mortgagee to recover possession of the mortgaged chattel on non-payment of the purchase money as stipulated, the defendant cannot defeat recovery by plea or counterclaim, alleging breach of warranty in the article sold and full payment of what it was really worth.1</p>