Rawls v. American Central Ins.
Supreme Court of South Carolina
Before Gage, J., Action by W. E. Rawls against the American Central Insurance Company. Judgment for plaintiff, defendant appeals. This is the second appeal in this action, the first appeal being reported in 94 S. C. 299, 77 S. E. 1013, 45 E. R. A. (N. S.) 463. Exceptions.
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Before Gage, J., Action by W. E. Rawls against the American Central Insurance Company. Judgment for plaintiff, defendant appeals. This is the second appeal in this action, the first appeal being reported in 94 S. C. 299, 77 S. E. 1013, 45 E. R. A. (N. S.) 463. Exceptions. Defendant’s exceptions are: “1. The Court erred in allowing testimony as to what passed between the agent and Mr. Rawls at the issuance of the policy, on the ground that the policy, in law, expressed the terms of the contract between the parties and such testimony tended to vary its terms. “2. The Court erred in allowing Mr.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
We will first discuss the defenses in regular order.
(The first defense is a mere denial.)
Second defense: The only testimony introduced to sustain this defense was to' the effect that J. J. Jeff coat executed a mortgage in favor of A. F. Dicks, dated 4th December, 1909, on the lot of land described in the complaint, and that the defendant had no notice of said mortgage at the time the policy was issued.
His Honor, the presiding Judge, upon the request of the defendant, charged the jury as follows: “That if you find that Mr. Jeff…
2Cases cited6 opinions
- Holliday v. PegramSupreme Court of South Carolina · 1911
- Virginia-Carolina Chemical Co. v. MooreSupreme Court of South Carolina · 1901
- Hughes v. Edisto Cypress Shingle Co.Supreme Court of South Carolina · 1897
- Williams v. SalmondSupreme Court of South Carolina · 1908
- Padgett v. ClevelandSupreme Court of South Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Calhoun v. CalhounSupreme Court of South Carolina · 2000
- Globe Rutgers Fire Ins. Co. v. FoilSupreme Court of South Carolina · 1938
- Town of Bennettsville v. BledsoeSupreme Court of South Carolina · 1954
- Saye v. HillSupreme Court of South Carolina · 1915
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