Thompson v. Piedmont Mutual Insurance
Supreme Court of South Carolina
Action by John Thompson, as trustee for J. E. Williams, against Piedmont Mutual Insurance Co. Erom judgment for plaintiff, defendant appeals. cite: Under facts here notice of assessment after fire is not a waiver: 54 S. C., 371; Ostrander on Fire Ins., 391, 132. Plaintiff should have brought suit to compel assessment before suing on policy: 18 Fed. R., 14; 19 Fed. R., 201. Messrs.
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Action by John Thompson, as trustee for J. E. Williams, against Piedmont Mutual Insurance Co. Erom judgment for plaintiff, defendant appeals. cite: Under facts here notice of assessment after fire is not a waiver: 54 S. C., 371; Ostrander on Fire Ins., 391, 132. Plaintiff should have brought suit to compel assessment before suing on policy: 18 Fed. R., 14; 19 Fed. R., 201. Messrs. Caston 'and Matheson cite: After defendant denied liability under the policy, plaintiff could sue without taking steps to compel an assessment: 51 S. C., 547; 36 S. C., 215; 37 S. C., 444; 8 R. R. A., 113; 2 R. R.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The following statement is set out in the record:
“This is an action brought by the plaintiff as the trustee of the bankrupt estate of J. E. Williams against the Piedmont Insurance Company.
“The complaint is based, upon a policy of insurance in the sum of two thousand ($2,000.00) dollars, and alleges:
“The compliance with all the terms and conditions of the policy and loss of twelve thousand ($12,000.00) dollars on storeroom and goods in Chesterfield County.
“The complaint further alleges that J. E. Williams, the insured, was adjudged…
2Cases cited5 opinions
- Blackwell v. British American Mtg. Co.Supreme Court of South Carolina · 1902
- Bates v. American Mortgage Co.Supreme Court of South Carolina · 1893
- Wilson v. Commercial Union Assurance Co.Supreme Court of South Carolina · 1898
- American &c. Co. v. FelderSupreme Court of South Carolina · 1895
- Salinas v. TurnerSupreme Court of South Carolina · 1890
3Cited by4 opinions
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Childs v. Allstate InsuranceSupreme Court of South Carolina · 1961
- Prosser v. Carolina Mutual Benefit Corp.Supreme Court of South Carolina · 1936
- Batson & Walsh v. South Carolina Mutual InsuranceSupreme Court of South Carolina · 1907