City of Sumter v. United States Fidelity & Guaranty Co.
Supreme Court of South Carolina
Before Rice, J-, Sumter, April term, 1920. Action by the City of Sumter against United States Fidelity & Guaranty Co. and Geo. W. Waring on a surety bond.
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Before Rice, J-, Sumter, April term, 1920. Action by the City of Sumter against United States Fidelity & Guaranty Co. and Geo. W. Waring on a surety bond. From order refusing to dismiss the complaint as to U. S. Fidelity & Guaranty Co. and refusing a change of venue as to the defendant, George W. Waring, the defendants appeal. cites: Parties to a contract may insert a clause or agreement therein limiting time within which suit may be brought to a time shorter than that allowed by statute: 25 Cyc. 873, 881; 97 S. C.' 418; 153 N..W. 742 (Minn.) 147 N. W- 651 (Minn.;) 125 Pac. 780 (Wash.;)…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from orders of his Honor, Judge Rice, overruling, two motions, the first being made by the United States Fidelity & Guaranty Company to dismiss the complaint as to it, and the second being by Geo. W. Waring for a change of venue from Sumter county to Richland count)'', the suit being on a surety bond furnished by Waring to plaintiff.
Waring is principal and defendant company is surety. The plaintiff claims breach- of condition of the bond, and asks damages for a specified sum.
There are five exceptions. The first and…
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