Gibbes MacHinery Co. v. Niagara Fire Ins. Co.
Supreme Court of South Carolina
Before Whaley, J., Richland County Court, March, 1921. Action by Gibbes Machinery Co. against Niagara Fire Insurance Co. From order refusing to sustain a demurrer to.the complaint, and from an order granting a new trial after a directed verdict for plaintiff, both parties appeal. cite: Mortgagee’s interest in proceeds of insurance on mortgaged property: 101 U. S. 439; 14 R. C. b. 1367; 23 R. C. b. 211; 52 S. C. 315 and cases cited.
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Before Whaley, J., Richland County Court, March, 1921. Action by Gibbes Machinery Co. against Niagara Fire Insurance Co. From order refusing to sustain a demurrer to.the complaint, and from an order granting a new trial after a directed verdict for plaintiff, both parties appeal. cite: Mortgagee’s interest in proceeds of insurance on mortgaged property: 101 U. S. 439; 14 R. C. b. 1367; 23 R. C. b. 211; 52 S. C. 315 and cases cited. Effect of notice from record: 72 S. C. 404; 43 S. C. 72; 6 Cyc. 1064; 89 S. C. 454; 14 S. C. 37; 35 S. C. 187; 70 S. C. 487; 18 How. 143. Adjustment with mortgagor…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Eraser.
The appellant sold an automobile to one H. b. Gregory, and took a mortgage on the machine for a part of the purchase money. The mortgage contained an agreement by the mortgagor that he would insure the machine and assign the policy of insurance to the appellant. This mortgage was duly recorded. The policy of insurance noted the fact tjiat the machine was mortgaged to the appellant, but did not make the loss payable to the appellant. The machine was burned, and the adjuster applied to the appellant for information as to the status of…
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