Plunkett v. Piedmont Mutual Ins.
Supreme Court of South Carolina
Before MemmingBr, J., Aiken, Fall Term, 1907. Action by W. W. Plunkett against the Piedmont Mutual Insurance Company. Prom judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: The iron safe clause is an essential warranty: 65 Ark., 240; 63 Ark., 43; 8 Ind., 275; 4 L. R. A., N. S., 607; 58 Mo.
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Before MemmingBr, J., Aiken, Fall Term, 1907. Action by W. W. Plunkett against the Piedmont Mutual Insurance Company. Prom judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: The iron safe clause is an essential warranty: 65 Ark., 240; 63 Ark., 43; 8 Ind., 275; 4 L. R. A., N. S., 607; 58 Mo. App., 596; 63 N. Y\, 108; 169 111., 626. Such warranty cannot be waived by an agent except in the manner provided by the policy: 1 R. R. A., 216; 66 A. D., 410; Richards on Ins., 80; 9 A. D., Ill; 6 Gray, 169; 11 Cush., 265; 8 W. R., 815. Acceptance of premium or assessment by home…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
Plaintiff commenced his action against the defendant on the 20th day of October, 1906, to recover the sum of three hundred dollars, because of the destruction by fire of his one-story shingle roof house, wherein he kept a general stock of merchandise, all of which was destroyed by fire on the 7th day of August, 1906. Against such destruction by fire the defendant had issued its policy of insurance.
The complaint set forth the ownership and destruction of such stock of merchandise and the insurance thereof by the defendant on the…
2Cases cited9 opinions
- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Pelzer Manufacturing Co. v. Sun Fire OfficeSupreme Court of South Carolina · 1892
- Nickles v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1906
- Graham v. Fire InsuranceSupreme Court of South Carolina · 1897
- Crosswell v. Connecticut Ind. Ass'nSupreme Court of South Carolina · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- National Tire & Rubber Co. v. HooverSupreme Court of South Carolina · 1924
- Gamble v. Metropolitan Life Ins.Supreme Court of South Carolina · 1913
- Clinchfield Fuel Co. v. Aetna Ins. Co.Supreme Court of South Carolina · 1922
7 more not listed; retrieve them via the Exa API.