McCarty v. Piedmont Mutual Ins.
Supreme Court of South Carolina
Before Memminger, J., Aiken, Fall term, 1907. Action by H. D. McCarty against Piedmont Mutual Insurance Company. From judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: Agents of a mutual assessment company cannot waive by-laws and provisions adopted by members: 3„Abb. Pr. N. S., 173; 4 Allen, 118; 7 Allen, 343; 3 Allen, 603; 9 Allen, 331; 66 A. D., 410; 8 Gray, 37; May on Ins.
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Before Memminger, J., Aiken, Fall term, 1907. Action by H. D. McCarty against Piedmont Mutual Insurance Company. From judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: Agents of a mutual assessment company cannot waive by-laws and provisions adopted by members: 3„Abb. Pr. N. S., 173; 4 Allen, 118; 7 Allen, 343; 3 Allen, 603; 9 Allen, 331; 66 A. D., 410; 8 Gray, 37; May on Ins. Par., 146; 79 A. D., 733; 1 Beas., 333; 35 Conn., 307; 38 111., 167; 19 R. A. Ann,, 314; 4 Barr., 185. The promise not to encumber enters into the essence of the risk: 40 R. R. A., 358; 54 A. D.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action is upon an insurance policy issued 'by defendant to plaintiff, November 8, 1906, indemnifying him against loss by fire on a dwelling house, a tenant house, and some household furniture, situated in .Aiken county, South Carolina. On March 16, 1907, the property insured was totally destroyed by fire.
Recovery was resisted by defendant under two defenses, (1) -placing an incumbrance upon the property after issuance of the policy without the written consent of the defendant, (2) fraudulent overvaluation of the dwelling house.…
2Cases cited15 opinions
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- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
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