Legal Opinion

Berry v. Virginia State Insurance

Supreme Court of South Carolina

Decided June 1, 1909No. 7205PublishedCited by 12 opinions

Before DeVorE, J., Saluda, August, 1908. Action by M. W. Berry against Virginia State Insurance Company. From judgment for plaintiff, defendant appeals. cite: Declarations of deceased agent not admissible: 79 S- C., 499. Saluda Court had no jurisdiction: 05 Stat., Ill; 79 S. C., 557; 19 S. C., 018; 74 S. C., 440; 05 S. C, 387; 08 S. C., 313; 74 S. C., 69. cites: Agreement to fix-value at $4,00 void because not fulfilled: 38 S. C., 199. Conditions of iron safe were waived:…

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Before DeVorE, J., Saluda, August, 1908. Action by M. W. Berry against Virginia State Insurance Company. From judgment for plaintiff, defendant appeals. cite: Declarations of deceased agent not admissible: 79 S- C., 499. Saluda Court had no jurisdiction: 05 Stat., Ill; 79 S. C., 557; 19 S. C., 018; 74 S. C., 440; 05 S. C, 387; 08 S. C., 313; 74 S. C., 69. cites: Agreement to fix-value at $4,00 void because not fulfilled: 38 S. C., 199. Conditions of iron safe were waived: 80’ $. C., 382, 407; 65 S. C., 259. Saluda Court had jurisdiction: 31 S'. C., 360; 32 S. C., 102; 3-5 S'. C., 872; 79 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant, Virginia State Insurance Company, appeals from a judgment of seven hundred and seventy-nine dollars and eighty cents, recovered by the plaintiff on a fire insurance policy. The action was brought and the judgment entered in Saluda county, where the plaintiff now resides.

1 The policy was issued by defendant’s agent in Newberry county, in which county the insured property was situated and in which the plaintiff resided at the time of the fire. There was no evidence that the defendant had an agent in Saluda county. Under…

2Cases cited3 opinions

  1. Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
  2. Pearlstine v. Insurance Co.Supreme Court of South Carolina · 1906
  3. Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906

3Cited by12 opinions

  1. Flynn v. Nationwide Mutual InsuranceCourt of Appeals of South Carolina · 1984
  2. Carroll v. Jackson National Life InsuranceCourt of Appeals of South Carolina · 1991
  3. Johnson v. Aetna InsuranceDistrict Court, D. South Carolina · 1970
  4. Courtney v. MeyerSupreme Court of South Carolina · 1943
  5. Chappell v. Fidelity Deposit Co. of Md.Supreme Court of South Carolina · 1940

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