Leggett v. Ætna Insurance
Court of Appeals of South Carolina
BEFORE WARDLAW, J., AT MARLBOROUGH, FALL TERM, 1856. The report of his Honor, the presiding Judge, is as follows: “ Action on a valued policy of fire insurance to recover for loss by fire. “The policy was prepared by filling an ordinary blank, which is adapted in many of its terms and conditions to insurance of houses. The insurance here was of a stock of goods in a store-house, which was situated in the country, on a public road, a quarter of a mile from any other building.
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BEFORE WARDLAW, J., AT MARLBOROUGH, FALL TERM, 1856. The report of his Honor, the presiding Judge, is as follows: “ Action on a valued policy of fire insurance to recover for loss by fire. “The policy was prepared by filling an ordinary blank, which is adapted in many of its terms and conditions to insurance of houses. The insurance here was of a stock of goods in a store-house, which was situated in the country, on a public road, a quarter of a mile from any other building. In the store-house, wbicb was Dot itself insured, there was neither chimney nor stove. It was burnt at night, in the…
1Opinion of the Court
*207Tbe opinion of the Court was delivered by
Wardlaw, J.
There was no direct evidence concerning the origin of the fire. The mass of testimony, much of it contradicted, which the defendant introduced to show circumstances from which the plaintiff’s fraudulent agency in the burning might be inferred, has been weighed by the jury, and on the facts of the case the verdict is considered conclusive.
The defendant now holds up the written contract, and insists that the plaintiff’s rights have been defeated; first, because gunpowder was kept in the store-house, and was sometimes sold from wooden kegs; and…
2Cases cited4 opinions
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- New-York Equitable Insurance v. LangdonNew York Supreme Court · 1831
- Billings v. Tolland County Mutual Fire Insurance Co.Supreme Court of Connecticut · 1849
- Higgins v. PackardThe Superior Court of New York City · 1829
3Cited by1 opinion
- Good v. Continental Insurance CompanySupreme Court of South Carolina · 1982