Swearingen v. Hartford Fire Ins.
Supreme Court of South Carolina
Before Watts, J., Edgefield, March, 1899. Action by Laura M. Swearengen against The Hartford Fire Ins. Co. and Laura S. Hardy.
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Before Watts, J., Edgefield, March, 1899. Action by Laura M. Swearengen against The Hartford Fire Ins. Co. and Laura S. Hardy. From judgment on verdict for plaintiff, defendants appeal. cites: Judge should have tried the case without a jury: 12 S. C., 97; 31 S. E. R., 867; 52 S. C, 471. As to equitable lien: 124 Mass., 61; 8 Rich., 338. Agreement to insure, if part of contract of sale of land, ought not to be proved by parol: 42 Wis., 437; 31 N. W. R., 906; 1 Strob., 407; 24 S. C., 124. Notice to agent here zv as not notice to company: 51 Pa. St., 402; 13 Gray, 79; 17 S. E. R., 828. cite:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is an action by a mortgagee against an insurer and the mortgagor to' enforce an alleged equitable lien upon, the proceeds of an insurance policy on the mortgaged premises taken out by the mortgagor in her own name. This appeal is from the judgment entered on the verdict of the jury in favor of plaintiff, and is the second appeal in this case, 52 S. C., 309.
1 On the call of the case for trial, defendants’ attorney moved'for a trial of the issues by the Court without a jury as a cause in equity, but this was refused and the case…
2Cases cited3 opinions
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Stearns v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
- Ames v. RichardsonSupreme Court of Minnesota · 1882
3Cited by9 opinions
- Johnson v. Northern Minnesota Land & Investment Co.Supreme Court of Iowa · 1915
- Lititz Mutual Ins. Co. v. MILLERMississippi Supreme Court · 1951
- Robbins v. Milwaukee Mechanics InsuranceWashington Supreme Court · 1918
- First National Bank of Pocatello v. Commercial Union Assurance Co.Idaho Supreme Court · 1925
- Fibkins v. FibkinsCourt of Appeals of South Carolina · 1991
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