Legal Opinion

Lucas v. Garrett

Supreme Court of South Carolina

Decided January 21, 1947No. 15906PublishedCited by 27 opinions

1Opinion of the Court

Mr. Associate Justice Oxner

delivered the unanimous opinion of the Court.

The real controversy on this appeal is between St. Paul Fire & Marine Insurance Company and American Fire & Casualty Company, and the question to be determined is whether the loss hereinafter mentioned should be borne by American alone or pro-rated between the two insurers.

Lucas & Roberson are cotton merchants of Greenville, South Carolina. David H. Garrett is a common carrier by-truck of cotton and other commodities. On April 4, 1944, Lucas &• Roberson delivered forty bales of cotton to Garrett for transportation from…

2Cases cited7 opinions

  1. Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
  2. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  3. Hartford Accident & Indemnity Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1941
  4. Globe Rutgers Fire Ins. Co. v. FoilSupreme Court of South Carolina · 1938
  5. Lucas v. GarrettSupreme Court of South Carolina · 1946

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3Cited by27 opinions

  1. Vernon v. Harleysville Mutual Casualty Co.Supreme Court of South Carolina · 1964
  2. Calvert Fire Ins. Co. v. JamesSupreme Court of South Carolina · 1960
  3. United States Fire Ins. Co. v. HodgesSupreme Court of Alabama · 1963
  4. South Carolina Insurance v. Fidelity & Guaranty Insurance Underwriters, Inc.Supreme Court of South Carolina · 1997
  5. Atlantic Mutual Insurance Company, a Corporation v. Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises, and National Union Fire Insurance Company of Pittsburgh, Pa., a Corporation, National Union Fire Insurance Company of Pittsburgh, Pa., a Corporation v. Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises, Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises v. National Union Fire Insurance Company of Pittsburgh, Pa., a CorporationCourt of Appeals for the Ninth Circuit · 1962

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