Wise v. Carolina Hail Insurance Co.
Supreme Court of South Carolina
Before DeVore, J., Edgefield, August, 1915. Action by W. W. Wise against the Carolina Hail Insurance Company and another. Judgment for plaintiff, and defendants appeal. cite: As to deposit of premium notes with insurance commissioner: Sections 2701, vol. I, Code 1912. Assignment of premium notes to creditors: Corpus Juris, vol.
Read the full summary
Before DeVore, J., Edgefield, August, 1915. Action by W. W. Wise against the Carolina Hail Insurance Company and another. Judgment for plaintiff, and defendants appeal. cite: As to deposit of premium notes with insurance commissioner: Sections 2701, vol. I, Code 1912. Assignment of premium notes to creditors: Corpus Juris, vol. V, pp. 866 and 868; 33 S. C. 451; Black on Bankruptcy, sec. 592, p. 1248; 17 E. R. A. (N. S.), pp. 935 and 944; 74 S. C. 368. Right of creditors other than policy-holding creditors, to prorate with policyholding creditors in fund deposited with insurance commissioner:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is' from a decree of the Circuit Court. The subject involved is the estate of the defunct Carolina Hail Insurance Company. The action' involves the administration of that estate.
The receiver of the company has in hand a small fund for its creditors, and the only issue is the right marshaling of the fund betwixt the creditors. The creditors are of two classes: first, those who hold unpaid policies of insurance; and, second, those who loaned money to the corporation. The fund also is of two classes: one a “deposit” of some…
2Cases cited2 opinions
- Lenhardt v. PonderSupreme Court of South Carolina · 1902
- New York Life Ins. v. BradleySupreme Court of South Carolina · 1909
3Cited by6 opinions
- Powell v. GarySupreme Court of South Carolina · 1942
- Maurer v. International Re-Insurance Corp.Court of Chancery of Delaware · 1934
- Petition of State Ex Rel. HutchinsonSupreme Court of South Carolina · 1937
- Clark v. Preferred Accident InsuranceSupreme Court of South Carolina · 1957
- Ex Parte McCabeSupreme Court of South Carolina · 1939
1 more not listed; retrieve them via the Exa API.