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…
1DissentJustice Cothran
(dissenting) : Action by the rriortgagee of an automobile, partly destroyed by fire, to require an insurance company, which insured car at the instance of the mortgagor, and paid the loss tO’ him, to account to the mortgagee for the amount. so paid. The facts appear to be as follows:
On February 11, 1920, the plaintiff sold to one H. L. Gregory an automobile, taking from him a mortgage to secure the unpaid portion of the purchase price. The mortgage was recorded on February 12th. By the terms of the sale and stipulation in the mortgage Gregory was required and agreed to insure the car for the…
2Cases cited6 opinions
- Southern Ry. v. BeaudrotSupreme Court of South Carolina · 1902
- Swearingen v. Hartford Ins.Supreme Court of South Carolina · 1898
- Lowry v. JacksonSupreme Court of South Carolina · 1887
- Swearingen v. Hartford Fire Ins.Supreme Court of South Carolina · 1899
- Annely v. DeSaussureSupreme Court of South Carolina · 1887
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