Ulmer v. Phœnix Fire Insurance
Supreme Court of South Carolina
Before Watts, J., Orangeburg, May, 1900. Action, on insurance policy by B. D. Ulmer against the Phoenix Fire Insurance Co., of Brooklyn, N. Y., A. F. Horger, Alice E. Inabinet and W. S. Kemmerlin. From judgment for plaintiff, he appeals. cite: Amount of damages is a question for jury: Hale of Dam., 227; 18 S. C., 115; 29 S. C., 381. Plaintiff had an insurable interest in building and material: 19 la., 364; 35 U. R. A., 667, and notes; 25 N. Y., 272; 97 N. C., 350; 2 Jno.
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Before Watts, J., Orangeburg, May, 1900. Action, on insurance policy by B. D. Ulmer against the Phoenix Fire Insurance Co., of Brooklyn, N. Y., A. F. Horger, Alice E. Inabinet and W. S. Kemmerlin. From judgment for plaintiff, he appeals. cite: Amount of damages is a question for jury: Hale of Dam., 227; 18 S. C., 115; 29 S. C., 381. Plaintiff had an insurable interest in building and material: 19 la., 364; 35 U. R. A., 667, and notes; 25 N. Y., 272; 97 N. C., 350; 2 Jno. J., 350; 81 Ala., 320; 43 U. R. A., 667; 34 App. Div., 128; 10D. R. A., 684; 101 N. Y., 277; 149 Mass., 158; 135 Mass.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff appeals from a judgment for $82.92 in his favor in this action on a fire insurance policy issued by the defendant for $450. The questions raised by the exceptions are as to the proper construction of the policy and the extent of the insurable interest of the insured plaintiff. It appears from the evidence submitted in behalf of the plaintiff that on December 4, 1898, the plaintiff, Ulmer, entered into a written contract with one A. F. Horger, by which plaintiff as contractor agreed to build for Horger a dwelling house…
2Cases cited2 opinions
- Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
3Cited by5 opinions
- Hartford Live Stock Insurance v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1934
- Gerhard v. Boston Ins. Co.District Court, E.D. Pennsylvania · 1951
- Sammons Bishop v. Insurance CompanySupreme Court of South Carolina · 1913
- Baker v. Aetna Insurance CompanySupreme Court of South Carolina · 1980
- Averill v. Preferred Mutual InsuranceSupreme Court of South Carolina · 1994