Kingman v. Lancashire Ins.
Supreme Court of South Carolina
Before Gary, J., Sumter, March, 1897. Action by Eva C. Kingman, trading as C. W. Kingman, agent, and Charles W. Kingman against Lancashire Ins. Co. From judgment for plaintiff, defendant appeals.
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Before Gary, J., Sumter, March, 1897. Action by Eva C. Kingman, trading as C. W. Kingman, agent, and Charles W. Kingman against Lancashire Ins. Co. From judgment for plaintiff, defendant appeals. Waiver cannot be shown unless alleged: 14 S. E. R., 731; 48 S. C, 388. Waiver must be intentional: 41 S. C., 183. Can zvaiver be relied on without pleading it: 43 S. C., 26; 46 S. C., 79. Plaintiffs having alleged performance under Code, 183, are not required to establish such performance fully, but may rely on zvaiver: 46 S. C, 79; 29 S. C, 583. Waiver need not be supported by valuable…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action on a fire insurance policy, on a stock of merchandise, and is here on appeal from a judgment in favor of the plaintiff. The specal defense set up by the defendant company was forfeiture under the iron safe clause of the policy. Under the evidence, this defense was narrowed down to the question of forfeiture for failure to- produce for examination the inventory of the stock taken previous to the inventory, which was made within a month from the issuance of the policy. This last mentioned inventory as well as the books…
2Cases cited3 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
3Cited by25 opinions
- Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- Griffith v. NewellSupreme Court of South Carolina · 1904
- Hays v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
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