Young v. St. Paul Fire & Marine Ins.
Supreme Court of South Carolina
Before DanTzeER, J., Laurens, July, 1903. Action by Alice A. Young against St. Paul Fire and Marine Insurance Co. From judgment for plaintiff, • defendant appeals. cites: As to the validity of the other insurance condition: 13 Ency., 2 ed., 300, 307; Ost. on Fire Ins., 2 ed., 553. As to waiver of other insurance conditions: 47 L. R. A., 450; 2 McM., 220. The amended complaint does not state a cause of action on a parol agreement to insure: 16 Ency., 2 ed., 849-50; 28 N. Y.,…
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Before DanTzeER, J., Laurens, July, 1903. Action by Alice A. Young against St. Paul Fire and Marine Insurance Co. From judgment for plaintiff, • defendant appeals. cites: As to the validity of the other insurance condition: 13 Ency., 2 ed., 300, 307; Ost. on Fire Ins., 2 ed., 553. As to waiver of other insurance conditions: 47 L. R. A., 450; 2 McM., 220. The amended complaint does not state a cause of action on a parol agreement to insure: 16 Ency., 2 ed., 849-50; 28 N. Y., 153; 62 Ga., 23; 99 Ala., 609 ; 16 Ency., 2 ed., 856, 854-5-6; 47 L- R. A., 450; 98 N. C., 558; 60 la., 266. As to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff recovered judgment on a contract of insurance made by defendant, covering her dwelling house in the town of Clinton. At the close of plaintiff’s testimony, the Court was requested to instruct the jury to find a verdict for the defendant. The first question is whether the presiding Judge was in error in refusing this motion. The amended complaint alleges that Mrs. Young applied to Robertson, defendant’s agent, and made a parol contract with him to insure her house for $1,500; “that subsequently and in the absence of the…
2Cases cited7 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Insurance Company v. LymanSupreme Court of the United States · 1873
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Norris v. Hartford Fire InsuranceSupreme Court of South Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Simon v. Ætna Casualty & Surety Co.Supreme Court of South Carolina · 1929
- Brown v. Farmers Mut. Fire Ins. Ass'n.Supreme Court of South Carolina · 1936
- Dargan v. Equitable Life Assurance SocietySupreme Court of South Carolina · 1905
- Bank of Brunson v. Ætna Ins. Co. of HartfordCourt of Appeals for the Fourth Circuit · 1913
6 more not listed; retrieve them via the Exa API.