Henderson v. Abbeville-Greenwood Mutual Insurance
Supreme Court of South Carolina
Before Prince, J., Abbeville, Action by W. E. Henderson against Abbeville-Greenwood Mutual Insurance Association. Defendant appeals. cites: This association can only insure property of its members: 53 S. C. 110; 61 S. C. 331. As to construction of contract: 9 Cyc. 579, 583. The policy is avoided by the assignment: 3 May on Ins., sec. 380; 33 S. E. 585. cite: Provision prohibiting assignment must be strictly construed: 53 Am.
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Before Prince, J., Abbeville, Action by W. E. Henderson against Abbeville-Greenwood Mutual Insurance Association. Defendant appeals. cites: This association can only insure property of its members: 53 S. C. 110; 61 S. C. 331. As to construction of contract: 9 Cyc. 579, 583. The policy is avoided by the assignment: 3 May on Ins., sec. 380; 33 S. E. 585. cite: Provision prohibiting assignment must be strictly construed: 53 Am. R. 303. Assignment of proceeds against assignment of policy: 19 Cyc. 636; 53 Am. R: 347; 56 Am. Dec. 750. Simple assignment against assignment as collateral: Kerr on Ins.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal involves a single question, and that is the effect, under the admitted facts, of this clause in the fire policy of insurance, to wit: “If this policy be assigned, without the consent of the association endorsed hereon * * * this policy shall be void.”
'The things done which it is claimed avoided the policy, were these: The insured was one Lettman; the property insured was a small house and contents; the amount of insurance was two hundred ($200.00) dollars; Lettman mortgaged the house to Henderson to secure the payment of a…
2Cases cited1 opinion
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
3Cited by2 opinions
- Stokes v. Liverpool & London & Globe Ins.Supreme Court of South Carolina · 1925
- Beckett v. Jefferson Standard Life Ins. Co.Supreme Court of South Carolina · 1932