Legal Opinion
Pacific Mut. Life Ins. Co. of California v. Rhame
District Court, E.D. South Carolina
Decided March 16, 1940No. 884PublishedCited by 8 opinions
1Opinion of the Court
MYERS, District Judge.
Upon the findings of fact herewith filed, the motion of the defendant for dismissal of the complaint as an act of sound discretion, presents two questions:
First: The defendant’s view that the affirming of the judgment of the State court in favor of Rhame against the predecessor in interest of the substituted plaintiff (Rhame v. Pacific Mutual Life Insurance Company of California, 179 S.C. 297, 184 S.E. 685) should be construed as a consideration of that action as a suit upon the contract and not as an action in tort.
Second: Whether in the exercise of its discretion, the…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Maryland Casualty Co. v. Consumers Finance Service, Inc. of PennsylvaniaCourt of Appeals for the Third Circuit · 1938
- Stephenson v. Equitable Life Assur. Soc. of the United StatesCourt of Appeals for the Fourth Circuit · 1937
- McMahan v. McMahonSupreme Court of South Carolina · 1922
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Viles v. Prudential Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1941
- Glover v. North Carolina Mutual Life InsuranceCourt of Appeals of South Carolina · 1988
- Dunaway v. United Insurance Co. of AmericaSupreme Court of South Carolina · 1962
- Hipp v. KENNESAW LIFE & ACCIDENT INSURANCE COMPANYDistrict Court, D. South Carolina · 1968
- Moore v. Carolina Casualty InsuranceSupreme Court of North Carolina · 1950
3 more not listed; retrieve them via the Exa API.