Madden & Co. v. Phoenix Ins.
Supreme Court of South Carolina
Before Townsend, J., Raurens, February term, 1904. Action by R. T. Madden & Co-, against Phoenix Assurance Co. From judgment for defendant upon verdict directed, plaintiffs appealed. cite: As to when Circuit Judge may direct a verdict: Con., Art. V., sec. 26; 15 S. C., 92; 42- S. C., 28. When defendant claims that policy is void, he waives right to require proofs of loss: 29 S. C., 579; 36 S. C., 265; 37 S. C., 70'; 51 S. C., 547. Forfeitures are not favored in the law: 96…
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Before Townsend, J., Raurens, February term, 1904. Action by R. T. Madden & Co-, against Phoenix Assurance Co. From judgment for defendant upon verdict directed, plaintiffs appealed. cite: As to when Circuit Judge may direct a verdict: Con., Art. V., sec. 26; 15 S. C., 92; 42- S. C., 28. When defendant claims that policy is void, he waives right to require proofs of loss: 29 S. C., 579; 36 S. C., 265; 37 S. C., 70'; 51 S. C., 547. Forfeitures are not favored in the law: 96 U. S., 242; 28 Am. St. R., 554; 17 Am. St. R., 233; 55 S. C., 589. When party will be held tv be agent of insurance…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for the recovery of twelve hundred dollars on a policy of insurance, issued by the defendant to the plaintiffs, 1st September, 1901, on their stock of goods at Cross Hill, S'. C., which was destroyed by fire on the 12th day of June, 1902. The defendant answered the complaint, denying the material allegations thereof and interposing the following defense:
“That the plaintiffs violated the terms and conditions set forth in the policy of insurance in the following" particulars:
“1st. That they failed to keep' and furnish…
2Cases cited5 opinions
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Pelzer Manufacturing Co. v. Sun Fire OfficeSupreme Court of South Carolina · 1892
- Norris v. Hartford Fire Ins.Supreme Court of South Carolina · 1900
- Stickley v. Mobile InsuranceSupreme Court of South Carolina · 1892
- Dial v. Valley Mutual Life Ass'nSupreme Court of South Carolina · 1888
3Cited by27 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
- Planter's Bank v. Lummus Cotton Gin Co.Supreme Court of South Carolina · 1925
- Powell v. Insurance CompanySupreme Court of South Carolina · 1914
- Rearden v. State Mutual Life InsuranceSupreme Court of South Carolina · 1908
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