Legal Opinion

Wetmore v. McElroy

Supreme Court of South Carolina

Decided December 5, 1913No. 8693PublishedCited by 5 opinions

Before Frank B. Gary, J., Spartanburg, Action by S. M. Wetmore, receiver, against J. D. McElroy. Both parties appeal. cites: May on Ins., sec. 548; 32 D. R. A. 511; 52 S. C. 119; 80 S. C. 407; 22 Cyc. 1417, 1422. cite: 22 Cyc. 1416, 1417; 24 L. R- A. 252; May on Ins., sec. 548; 21 How. 35; 22 Cyc. 1422.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Ci-iiee Justice Gary.

This appeal involves the construction of certain provisions, in the constitution and by-laws adopted by the Carolina Mutual Fire Insurance Company, and in the policy issued by it, to the defendant.

The statute under which the said association was organized, contained the provision, that those associating themselves together, in the manner therein prescribed, might make, assess, and collect from each other, from time to time, as might be necessary to pay losses, occasioned by fire, etc., to any member of such association; and…

2Cases cited7 opinions

  1. Union Insurance v. HogeSupreme Court of the United States · 1859
  2. Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
  3. Holliday v. PegramSupreme Court of South Carolina · 1911
  4. McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
  5. Williams v. TolbertSupreme Court of South Carolina · 1907

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3Cited by5 opinions

  1. Johnson v. School District No. 1Oregon Supreme Court · 1928
  2. McMahon v. CooneyMontana Supreme Court · 1933
  3. Crumley v. Sovereign Camp W. O. W.Supreme Court of South Carolina · 1915
  4. Keehn v. Parrish Dray LineDistrict Court, E.D. South Carolina · 1944
  5. Mobley v. JacksonSupreme Court of South Carolina · 1916

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