Montgomery v. Delaware Ins.
Supreme Court of South Carolina
Before Gage, J., Marion, May, 1898. Action by J. D. Montgomery against The Delaware Insurance Co. From judgment for plaintiff, defendant appeals. cite: There is no such thing as a contract to insure personal property anywhere unless specifically set out in contract: 3 Am. R., 142; 54 lb., 631, 377; 23 Mich., 486; 70 N. Y., 593. If no place was agreed upon,'there was no contract: 14 Am.
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Before Gage, J., Marion, May, 1898. Action by J. D. Montgomery against The Delaware Insurance Co. From judgment for plaintiff, defendant appeals. cite: There is no such thing as a contract to insure personal property anywhere unless specifically set out in contract: 3 Am. R., 142; 54 lb., 631, 377; 23 Mich., 486; 70 N. Y., 593. If no place was agreed upon,'there was no contract: 14 Am. R., 249; 55 N. Y., 265. No proof to establish loss under contract alleged: Code, 192; 3 S. C., 401. No facts here to sustain claim of estoppel against defendant: 46 S. C., 79; 51 S. C., 540. No material…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The defendant company appeals from a judgment against it in favor of plaintiff, upon a complaint alleging a contract of insurance, whereby on January 24th, 1896, for one year, defendant, in consideration of a premium of $17.50, insured against loss or damage by fire, plaintiff’s printing press, composing stones, stands, types, and other material and appliances usual to the printing busi*3ness, situated in the town of Marion, S. C. The special defense made by defendant was that the property was so insured, “while located in the two-story…
2Cited by8 opinions
- Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
- Reed v. Southern RailwaySupreme Court of South Carolina · 1906
- Faircloth v. OHIO FARMERS INSURANCE COMPANYSupreme Court of North Carolina · 1960
- Hydrick v. Milwaukee Mechanics' Fire Ins.Supreme Court of South Carolina · 1926
- Cobb & Seal Shoe Store v. Aetna InsuranceSupreme Court of South Carolina · 1907
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