Legal Opinion

Gandy v. Orient Insurance

Supreme Court of South Carolina

Decided April 1, 1898PublishedCited by 42 opinions

Before Klugh, J., Florence, January, 1897. Action by J. J. Gandy v. Orient Insurance Company. Judgment for plaintiff. Defendant appeals. cite: Clause prohibiting double insurance enforced on ground of public policy: 2 McM., 220; 16 Pet., 510. Policy previously taken out in another company invalidated Orient policy: 17 Ins.

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Before Klugh, J., Florence, January, 1897. Action by J. J. Gandy v. Orient Insurance Company. Judgment for plaintiff. Defendant appeals. cite: Clause prohibiting double insurance enforced on ground of public policy: 2 McM., 220; 16 Pet., 510. Policy previously taken out in another company invalidated Orient policy: 17 Ins. D. J., 456; 23 lb., 723; 9 lb., 96. Conversation between insured and agent cannot effect contract: 66 Cal., 6; 67 Cal., 621. Conversation between insured and agent cannot be evidence of waiver, because stick waiver is forbidden by policy: 144 Mass., 46; 9 Allen., 316; 63 N.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This is an action on an insurance policy issued by defendant to plaintiff, July 20th, 1893, for one year, on his dwelling house, $150, and on leaf tobacco therein contained, $350, both of which were destroyed by fijre October 31st, 1893. The principal defense was forfeiture by violation of the provision in the policy against other concurrent insurance. From the judgment in favor of plaintiff the defendant company appeals.

1 *2272 *226. 1. It is excepted that there was error in refusing the motion for nonsuit made at the conclusion of the whole…

2Cited by42 opinions

  1. Life & Casualty Ins. v. KingTennessee Supreme Court · 1917
  2. Kennedy v. ManryCourt of Appeals of Georgia · 1909
  3. Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
  4. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  5. McCown v. MuldrowSupreme Court of South Carolina · 1912

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