Hankinson v. Piedmont Mutual Insurance
Supreme Court of South Carolina
Before Memminger, J., Aiken, Fall Term, 1907. Action by W. M. Hankinson against Piedmont Mutual Insurance Co. From judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: A soliciting agent of a mutual insurance company cannot zvaive the by-laws and constitution made a part of contract of insurance: Richards on Ins., 76; 2 Abb. Pr.
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Before Memminger, J., Aiken, Fall Term, 1907. Action by W. M. Hankinson against Piedmont Mutual Insurance Co. From judgment for plaintiff, defendant appeals. Messrs. Croft & Croft cite: A soliciting agent of a mutual insurance company cannot zvaive the by-laws and constitution made a part of contract of insurance: Richards on Ins., 76; 2 Abb. Pr. N. S., 173; 4 Allen, 118; 7 Allen, 243; 3 Allen, 602; 9 Allen, 331; 66 A. D., 410; 8 Gray, 37; May on Ins., sec. 146; 79 A. D., 732; 1 Beasley, 333; 25 Conn., 207; 38 Id., 167; 29 P. A. An., 214; 9 Allen, 329; 4 Barr, 185; 16 Ency., 922; 4 P. R. A.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
On the 14th day of September, 1906, W. M. Hankinson, the plaintiff, brought his action against the Piedmont Mutual Insurance Company, the defendant, to recover the sum of five hundred dollars on account of loss by fire under a policy of insurance issued by the defendant.
The complaint set forth that the policy of insurance was issued on the ninth day of April, 1906, that in accordance with said policy all of its conditions were complied with, but that the defendant had failed to pay the insurance.
The defendant, in its answer,…
2Cases cited1 opinion
- McBryde v. South Carolina Mutual Ins.Supreme Court of South Carolina · 1899
3Cited by11 opinions
- Rogers v. Atlantic Life Insurance Co.Supreme Court of South Carolina · 1926
- Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
- Powell v. Insurance CompanySupreme Court of South Carolina · 1914
- Whaley v. Guardian Fire Insurance Co.Supreme Court of South Carolina · 1923
- Supreme Lodge Knights of Pythias v. FewSupreme Court of Georgia · 1912
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