McBryde v. South Carolina Mutual Ins.
Supreme Court of South Carolina
Before Townsend, J., Greenville, March, 1899. Action by Mrs. F. C. McBryde against South Carolina Mutual Insurance Co. From order of nonsuit, plaintiff appeals. cites: Nonsuit should not have been granted, (a) because of evidence of waiver: 36 S. C., 273; 9 S. E. R., 233. (6) because by-laws do not provide for forfeiture for defect in proofs of loss: 102 Pa.
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Before Townsend, J., Greenville, March, 1899. Action by Mrs. F. C. McBryde against South Carolina Mutual Insurance Co. From order of nonsuit, plaintiff appeals. cites: Nonsuit should not have been granted, (a) because of evidence of waiver: 36 S. C., 273; 9 S. E. R., 233. (6) because by-laws do not provide for forfeiture for defect in proofs of loss: 102 Pa. St, 281; 13 S. W. R., 882714 S. E. R., 237; 51 S. C., 540; 96 U. S., 242. (c) because plaintiff had no opportunity to offer proof of waiver: 52 S. C., 224; 42 S. C., 14; 43 S. C., 26; 46 S. C., 546. Policy not void because provision…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendant is a corporation chartered under the laws of this State for the purpose of conducting the business of fire and life insurance on the assessment plan. On the 20th of November, 1897, the defendant issued a policy of insurance to the plaintiff on her dwelling house, in the county of Abbevi'llle, for $200, and on the 22d of December, 1897, it insured the said property in the additional sum of $200. The dwelling house was totally destroyed by fire on the 31st of December, 1897, and this action was brought to recover the said…
2Cited by12 opinions
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- American Mutual Fire Insurance v. GreenSupreme Court of South Carolina · 1958
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