Bennettsville & Cheraw Railroad v. Glens Falls Insurance
Supreme Court of South Carolina
Before Jos. A. McCurrough, special Judge, Marlboro, Action by Bennettsville & Cheraw Railroad Company, against Glens Palls Insurance Company. Defendant appeals on the following exceptions: 1. “It is respectively submitted that his Honor, the presiding Judge, erred in overruling the objection of defendant’s counsel to the testimony of E. H. Duvall and other witnesses as to an agreement between said Duvall, representing Alex.
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Before Jos. A. McCurrough, special Judge, Marlboro, Action by Bennettsville & Cheraw Railroad Company, against Glens Palls Insurance Company. Defendant appeals on the following exceptions: 1. “It is respectively submitted that his Honor, the presiding Judge, erred in overruling the objection of defendant’s counsel to the testimony of E. H. Duvall and other witnesses as to an agreement between said Duvall, representing Alex. Sprunt & Son, of Wilmington, N. C., for the delivery of cotton in bales by wagons at plaintiff’s platform at Kolloclc, by which said plaintiff was to issue bills of lading…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Watts.
This was an action brought to recover three thousand and five dollars and thirty-two cents insurance for 43 bales of cotton burned on the depot platform of the plaintiff at Kollock, S. C. The plaintiff alleges that the defendant, by contract in writing on August 4th, 1909, agreed to insure the plaintiff for a term of one year from August 20, 1909, against all direct loss and damage by fire, as stated in paragraph one of its “rider,” in the words: “On all liability of assured as a common carrier of cotton in bales, in transit, in…
2Cases cited3 opinions
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Copeland v. Southern Ry.Supreme Court of South Carolina · 1907
- R. E. Allen, Bro. & Co. v. BurnettSupreme Court of South Carolina · 1912