Legal Opinion

Fass v. Liverpool, London & Globe Fire Ins.

Supreme Court of South Carolina

Decided September 14, 1916No. 9509PublishedCited by 7 opinions

Before Mauldin, J., Dillon, October, 1915.' Action by Frances Fass joining E. Randolph Williams and another, as trustees of the Atlantic Life Insurance Company, as parties plaintiff, against the Liverpool, London & Globe Fire Insurance Company, consolidated with suits by the same plaintiffs against the North Carolina Home Insurance' Company and the Insurance Company of North America.

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Before Mauldin, J., Dillon, October, 1915.' Action by Frances Fass joining E. Randolph Williams and another, as trustees of the Atlantic Life Insurance Company, as parties plaintiff, against the Liverpool, London & Globe Fire Insurance Company, consolidated with suits by the same plaintiffs against the North Carolina Home Insurance' Company and the Insurance Company of North America. Motion by defendant that the entire cause be stricken from calendar 1 and placed on calendar No. 2 for determination by the Court without a jury, or, failing that, for an order transferring the issue raised by…

1Opinion of the Court

The leading opinion, after reciting the foregoing, was delivered by

Mr. Justice Fraser.

There are seven exceptions, but appellant reduces his questions to three.

1. “Are the defendants entitled to have the cause transferred to calendar 2 for trial of the equitable issues on said calendar?” This question, I think, should be answered in the affirmative. The rule is well stated in Corpus Juris, vol. V, p. 192, et seq

“In an action on an award defendant may, of course, avail himself of any defense apparent on the face of the award at common law. Matters extrinsic of the award, such as fraud, mistake,…

2Cited by7 opinions

  1. Williams v. Jefferson Standard Life Ins. Co.Supreme Court of South Carolina · 1936
  2. Cleveland v. Home Ins. Co.Supreme Court of South Carolina · 1929
  3. L.D. Jennings Co., Inc. v. North River Ins. Co.Supreme Court of South Carolina · 1934
  4. Knight v. BennettSupreme Court of South Carolina · 1924
  5. Blackwell v. FaucettSupreme Court of South Carolina · 1921

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