Legal Opinion

Swearingen v. Hartford Ins.

Supreme Court of South Carolina

Decided April 16, 1898PublishedCited by 21 opinions

Before Aldrich, J., Edgefield, March, 1897. Action by L-aura M. Swearingen v. The Hartford Eire Insurance Company. Judgment for plaintiff. Defendant appeals on following exceptions: 1st. Because his Honor, Judge Aldrich, erred in overruling the demurrer to the amended complaint. 2d.

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Before Aldrich, J., Edgefield, March, 1897. Action by L-aura M. Swearingen v. The Hartford Eire Insurance Company. Judgment for plaintiff. Defendant appeals on following exceptions: 1st. Because his Honor, Judge Aldrich, erred in overruling the demurrer to the amended complaint. 2d. Because his Honor erred in not allowing G. B. Lake, a witness for plaintiff, to testify on cross-examination to what J. P. Hardy said to him in regard to obtaining the insurance policy at the time he came for that purpose; and also in not allowing G. B.' Lake, on cross-examination, to state what he said to Hardy…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

The plaintiff brought this action to recover the sum of $1,000 mentioned in a policy of insurance issued by the defendant company to Mrs. Laura S. Hardy on her dwelling house, upon the ground, as alleged, that the plaintiff has an equitable lien upon the *313amount mentioned in the policy, growing out of certain facts which will be hereafter stated. No question was raised as to whether the plaintiff had adopted the proper form of proceeding, or whether all the- proper parties were before the Court, and we are not to be regarded as…

2Cases cited2 opinions

  1. Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
  2. Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887

3Cited by21 opinions

  1. Butson v. MiszOregon Supreme Court · 1916
  2. Wilder v. WattsDistrict Court, D. South Carolina · 1905
  3. Singletary v. Aetna Casualty & Surety Co.Court of Appeals of South Carolina · 1994
  4. Hewitt v. Reserve Life InsuranceSupreme Court of South Carolina · 1959
  5. Farmers' & Merchants' National Bank v. MooreSupreme Court of South Carolina · 1926

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