German Alliance Insurance v. Home Water Supply Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. “The1 Spartan Mills” owned a number of bouses in Spartanburg, South Carolina.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. “The1 Spartan Mills” owned a number of bouses in Spartanburg, South Carolina. They were damaged by fire on March 25, 1907. The German Alliance Company,, which had insured the buildings, paid $68,000, the amount of the loss, took from the mills an assignment “ of all claims and . demands against any person arising from or connected with the loss or damage,” and brought suit, in the United States Court for the District of South Carolina, against the Home Water Supply Company, on the ground that the fire could easily have been…
1Opinion of the CourtJustice Lamar
In Ancrum v. Camden Water Company, 82 S. Car. 284, the Supreme Court of South Carolina, construing a contract much like the one here involved, held that a taxpayer could not maintain an action against a Water Company' for damage due to its failure to furnish water as required by such an agreement with the city. The plaintiff, however, contends that although the present suit is for damáge to property located in South Carolina, that decision is not of controlling authority, because it was rendered two years after this action was begun. Relying on Burgess v. Seli gman, 107 U. S. 20, it insists…
2Cases cited7 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Savings Bank v. WardSupreme Court of the United States · 1880
- Hendrick v. LindsaySupreme Court of the United States · 1876
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
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- Clay Elec. Co-Op., Inc. v. JohnsonSupreme Court of Florida · 2003
- Weinberg v. DingerSupreme Court of New Jersey · 1987
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