McMillan & Son v. Insurance Co. of North America
Supreme Court of South Carolina
Before Klugh, J., Marion, Two cases (1) M. L. McMillan & Son v. Insurance Company of North America, and (2) M. L. McMillan & Son v. Philadelphia Underwriters. 'From judgment for plaintiff, in both cases, defendants appeal. cite: Court should direct a verdict upon uncontradicted proof of breach -of condition in absence of proof of waiver: 68 S. C., 378. The iron safe clause must be substantially complied with: 98 Ga., 754; 115 Gá., 454; 128 Ala., 451; '56 S. E., 506; 35 Ins.
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Before Klugh, J., Marion, Two cases (1) M. L. McMillan & Son v. Insurance Company of North America, and (2) M. L. McMillan & Son v. Philadelphia Underwriters. 'From judgment for plaintiff, in both cases, defendants appeal. cite: Court should direct a verdict upon uncontradicted proof of breach -of condition in absence of proof of waiver: 68 S. C., 378. The iron safe clause must be substantially complied with: 98 Ga., 754; 115 Gá., 454; 128 Ala., 451; '56 S. E., 506; 35 Ins. Eaw Jour., 282; 32 Id., 764; 35 Id., 309; 54 S. C., 371. Failure to comply zvith this clause by oversight forfeits…
1Opinion of the Court
November 2, 1907. The opinion of the Court was delivered by The plaintiffs, in the first named case, recovered judgment against defendant for $1,745.29 on a policy of insurance issued February 9, 1903, on a stock of general merchandise, furniture and fixtures at Mullins, S.C. which was destroyed by fire December 27, 1903; and in the second named case recovered judgment against defendants for $1,734.00 on a policy of insurance issued September 4, 1903, on the same stock of general merchandise at Mullins, S.C. destroyed by fire as stated.
These cases were heard together in this Court, as they…
2Cases cited10 opinions
- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Madden & Co. v. Phoenix Ins.Supreme Court of South Carolina · 1904
- Pelzer Manufacturing Co. v. Sun Fire OfficeSupreme Court of South Carolina · 1892
- Kingman v. Lancashire Ins.Supreme Court of South Carolina · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peters v. Great American Ins. Co.Court of Appeals for the Fourth Circuit · 1949
- Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
- Supreme Lodge Knights of Pythias v. FewSupreme Court of Georgia · 1912
- Connecticut Fire Insurance v. BoydstonSupreme Court of Arkansas · 1927
- Welch v. New York Life Ins. Co.Supreme Court of South Carolina · 1936
8 more not listed; retrieve them via the Exa API.