Legal Opinion

Cobb & Seal Shoe Store v. Aetna Insurance

Supreme Court of South Carolina

Decided October 18, 1907No. 6690Published

Before Purdy, J., Abbeville, Action by Cobb & Seal Shoe Store against .¿Etna Insurance Co. From judgment for plaintiff, defendant appeals.- cite: The corporation cannot maintain a suit on this policy: Cook on Corp., 709; 13 Mass., 406; 140 U. S., 304; 94 Ga., 104, 289. Breach of iron safe clause avoids the policy: 151 U. S., 452; 1 May on Ins., sec. 156; 98 Ga., 754; 128 Ala., 451; 56 S. E., 506; 60 S'. W., 661; 90 Va., 290. Invoices do not constitute cm inventory: 56 S-.…

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Before Purdy, J., Abbeville, Action by Cobb & Seal Shoe Store against .¿Etna Insurance Co. From judgment for plaintiff, defendant appeals.- cite: The corporation cannot maintain a suit on this policy: Cook on Corp., 709; 13 Mass., 406; 140 U. S., 304; 94 Ga., 104, 289. Breach of iron safe clause avoids the policy: 151 U. S., 452; 1 May on Ins., sec. 156; 98 Ga., 754; 128 Ala., 451; 56 S. E., 506; 60 S'. W., 661; 90 Va., 290. Invoices do not constitute cm inventory: 56 S-. E., 505; 111 Ga., 622; 61 S. W., 962; 121 Ga., 228; 80 S. W., 283; 77 S'. W., 434. There mas no wcdver shown in this case:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff recovered judgment on defendant’s policy of fire insurance covering a stock of shoes in a store at Edgefield, S. C. Motions made by the defendant for direction of a verdict and for a new trial were refused, and the main points involved in the appeal relate to the grounds on which these motions were based.

1 The plaintiff was duly incorporated under the name of Cobb & Seal Shoe Store, but did business under the name of Cobb & Seal, and the policy was issued in the name of Cobb & Seals instead of the proper corporate name.…

2Cases cited14 opinions

  1. Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
  2. Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
  3. Madden & Co. v. Phoenix Ins.Supreme Court of South Carolina · 1904
  4. Hayes v. United States Fire InsuranceSupreme Court of North Carolina · 1903
  5. Kingman v. Lancashire Ins.Supreme Court of South Carolina · 1899

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