Dallas v. Guardian Fire Insurance Co.
Supreme Court of South Carolina
Action by J. J. Dallas against the Guardian Fire Insurance Company. From judgment for plaintiff, defendant appeals. submit: There zúas no valid contract of insurance. The policy if issued was cancelled: Joyce on Insurance (2d Ed.), sec. 641; 204 S. W. 367; 101 S. W. 903; 77 S. C. 226; 14 Am.
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Action by J. J. Dallas against the Guardian Fire Insurance Company. From judgment for plaintiff, defendant appeals. submit: There zúas no valid contract of insurance. The policy if issued was cancelled: Joyce on Insurance (2d Ed.), sec. 641; 204 S. W. 367; 101 S. W. 903; 77 S. C. 226; 14 Am. St. Rep. 470; 63 N. E. 610; 36 Mich. 502; 51 E. R. A. (N. S.) 540; 38 R. R. A. (N. S.) 628; 49 L. R. A. (N. S.) 974; 14 R. C. D„ pp. 876 and 1011; 108 S. C. 137. The adjustment, payment and release constitute a defense to this action: 107 S. C. 529. It was error to refuse to charge appellant's second…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action to. recover $2,000 on a policy of fire insurance, claimed to have been issued by the appellant company, through its agent, B. H. Smith, covering goods belonging to the respondent. The case was tried before Judge Prince, and a jury, at the April term of Court, 1919, for Greenwood county, and resulted in a verdict for the respondent in the sum of $2,280.78.
After entry of judgment appellant appealed, and by exceptions, ten in number, raise the questions: First, there is no valid contract of insurance; second, the…
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