Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Mitchell v. Federal Intermediate Credit Bank

Supreme Court of South Carolina
164 S.E. 136 (S.C. 1932)


Mitchell (plaintiff) took out a loan from the Federal Intermediate Credit Bank (Bank) (defendant), assigning as security the proceeds from the sale of a crop of potatoes to the Bank for two notes, worth $9,000 total. The sale ended up being worth $18,000, but Mitchell did not receive any of the proceeds. The Bank brought suit on the two notes to recover the $9,000, and Mitchell pleaded the above facts as a defense, but did not file a counterclaim. The court found in his favor in that initial suit. Subsequently, Mitchell brought this suit to recover the surplus from the potato sale. Mitchell alleged the same facts as he did in his defense in the initial suit. The trial court held that Mitchell could not bring the claim because it was merged in the original suit. Mitchell appealed.

Rule of Law


Holding and Reasoning (Stabler, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial