Legal Opinion

Montgomery v. Delaware Ins.

Supreme Court of South Carolina

Decided April 18, 1899PublishedCited by 8 opinions

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

  1. Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
  2. Reed v. Southern RailwaySupreme Court of South Carolina · 1906
  3. Faircloth v. OHIO FARMERS INSURANCE COMPANYSupreme Court of North Carolina · 1960
  4. Hydrick v. Milwaukee Mechanics' Fire Ins.Supreme Court of South Carolina · 1926
  5. Cobb & Seal Shoe Store v. Aetna InsuranceSupreme Court of South Carolina · 1907

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