Legal Opinion

Montgomery v. United States Fidelity & Guaranty Co.

Supreme Court of South Carolina

Decided January 4, 1912No. 8074PublishedCited by 6 opinions

Before D^VorE, J.. Clarendon, January term-, 1911. Action -by J. M. Montgomery -against the- United States Fidelity and Guaranty Company. Defendant appeals. Messrs. Ryals, Grace & Anderson -cite: Action should he brought in name of obligee: 2 Day 559; 13 Mass. 396; 15 Mass. 286; 29 Mass. 554; 2 Ill. App. 624.; 70 Mass. 81; 18 Miss, 586; 5 Cyc. 819b.

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Before D^VorE, J.. Clarendon, January term-, 1911. Action -by J. M. Montgomery -against the- United States Fidelity and Guaranty Company. Defendant appeals. Messrs. Ryals, Grace & Anderson -cite: Action should he brought in name of obligee: 2 Day 559; 13 Mass. 396; 15 Mass. 286; 29 Mass. 554; 2 Ill. App. 624.; 70 Mass. 81; 18 Miss, 586; 5 Cyc. 819b. Insurance company was not served: Code of Proc. 1-55; 26 Stat. 7. Mr. Lesesne cites: Demurrer lies for defect of parties: Code of Proe. 16-5, sub. 4; 72 S. C. 39; 26 Stat 744. Service should be made on insurance commissioner: 26 Stat. 775. cite:…

1Opinion of the Court

January 4, 1912. The opinion of the Court was delivered by The statute law of this State provides: "Before licensing any insurance company to do business in this State, the insurance commissioner shall require each such company to deposit with him an approved bond or approved securities, in the discretion of the commissioner, as follows: * * * each fire, or accident, or casualty, or surety insurance company, or any company not herein specified, ten thousand dollars; * * *. If a bond be given, it shall be conditioned to pay any judgment entered up against any such company in any Court of…

2Cases cited1 opinion

  1. Ex Parte PearsonSupreme Court of South Carolina · 1908

3Cited by6 opinions

  1. Lucas v. North Carolina Mutual Life Ins.Supreme Court of South Carolina · 1937
  2. Murray v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1939
  3. Leopard v. Beaver Duck MillsSupreme Court of South Carolina · 1921
  4. Nofal v. Lincoln Reserve Life Ins. Co.Supreme Court of South Carolina · 1934
  5. Boynton v. Consolidated Indemnity Ins. Co.Supreme Court of South Carolina · 1936

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