Legal Opinion

Powell v. Insurance Company

Supreme Court of South Carolina

Decided April 29, 1914No. 8836PublishedCited by 23 opinions

Before Rice, J., Action by J. R. Powell on a fire insurance policy against Continental Insurance Company of the city of New York. Reply to new matter in a/nswer: Code Civ.

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Before Rice, J., Action by J. R. Powell on a fire insurance policy against Continental Insurance Company of the city of New York. Reply to new matter in a/nswer: Code Civ. Proc. 203; 79 S. C. 271; 83 S. C. 264; 54 S. C. 601. Judicial discretion: 47 S. C. 498 ; 60 S. C. 135; 94 S. C. 16. Charge on waiver was on facts: 56 S. C. 531; 51 S. C. 460; 47 S. C. 513;-54 S. C. 603, 376; 51 S. C. 460; 47 S. C. 513; 56 S. C. 531. Suspension not cancellation of risk: 55 S. C. 6; 76 S. C. 76. Stipulation in policy: 68 S. C. 390. Possession of policy and return of premium: 55 S. C. 455; 68 S. C. 391.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action brought to recover a money judgment on a fire insurance policy. The action was commenced on May 20, 1913. After answer was filed and issue joined, the defendant gave notice of motion that it would move to- have the plaintiff reply to its answer. The cause was called for trial before Judge Rice on July 29, 1913, at Saluda, S. C.; this motion was then made and refused; and the case was tried and resulted in a verdict 'for the plaintiff for $550. The defendant moved -for a new trial on the minutes of the Court and upon…

2Cases cited6 opinions

  1. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  2. McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
  3. Madden & Co. v. Phoenix Ins.Supreme Court of South Carolina · 1904
  4. Norris v. Hartford Fire Ins.Supreme Court of South Carolina · 1900
  5. Thompson v. Security Trust & Life Ins.Supreme Court of South Carolina · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Peters v. Great American Ins. Co.Court of Appeals for the Fourth Circuit · 1949
  2. Federal Life Ins. Co. v. WhiteheadSupreme Court of Oklahoma · 1918
  3. Knights & Ladies of Security v. BellSupreme Court of Oklahoma · 1923
  4. Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
  5. Vant v. Grand Lodge, K. of P.Supreme Court of South Carolina · 1915

18 more not listed; retrieve them via the Exa API.

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