Joye v. South Carolina Mutual Ins.
Supreme Court of South Carolina
Before Gary, J., Sumter, March, 1898. Action by Lina E. Joye v. South Carolina Mutual Ins. Co. on policy of fire insurance to recover value of stock of goods. The fire occurred on March 13th, 1897. Immediately after the fire the agent of plaintiff obtained a money order for amount of assessments past due, dated March 12th, and forwarded same to company.
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Before Gary, J., Sumter, March, 1898. Action by Lina E. Joye v. South Carolina Mutual Ins. Co. on policy of fire insurance to recover value of stock of goods. The fire occurred on March 13th, 1897. Immediately after the fire the agent of plaintiff obtained a money order for amount of assessments past due, dated March 12th, and forwarded same to company. In this letter nothing was said about the loss. ' Notice of loss reached company a few days later, sent by plaintiff’s agent and others. Proofs of loss were made upon 19th of March. The following letters refer to the past due assessments:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
After the plaintiff had offered her testimony, the defendant moved the Court to grant a non-suit. The Circuit Judge granted the motion upon the ground that'the testimony showed that the contract sued on at the time Of the loss was suspended for non-payment of assessments, and furnished no cause of action against the defendant. The plaintiff now appeals from such order of *373nonsuit on the following grounds, to wit: i. In that such order deprived the plaintiffs of the right to show waiver or estoppel on the part of the defendant to make…
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- Crotts v. FLETCHER MOTOR CO.Supreme Court of South Carolina · 1951
- Coleman Furniture Corp. v. Home Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1933
- Young v. St. Paul Fire & Marine Ins.Supreme Court of South Carolina · 1904
- Coleman Furniture Corp. v. Home Ins.District Court, W.D. Virginia · 1933
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