Gandy v. Orient Insurance

Citations

• 52 S.C. 224
• 29 S.E. 655
• 1898 S.C. LEXIS 72

Syllabus

<p>1. Nonsuit. — A motion for nonsuit may be entertained after all the testimony is in.</p> <p>2. Insurance — Concurrent Insurance — Principal and Agent— Waiver — Estoppel.—If an agent, who has authority to solicit insurance and issue policies, is informed at time of issuance of policy that the property is insured in another company, the company by accepting the premium and issuing the policy waives its right, under the terms of the policy, to declare it null and void because of concurrent insurance.</p> <p>3. Evidence tending to show that a party knew a fact on a certain day is evidence that he knew it a short while after.</p> <p>4. Charge. — Where several propositions are contained in one request, and one is faulty, the whole may be refused.</p> <p>5. Notice. — Such information as if pursued would lead to knowledge of a fact, is sufficient notice thereof.</p> <p>6. Charge — Appeal.—A request putting before the jury issues not raised in testimony is faulty, and erroneous remarks thereon is not reversible error.</p> <p>7. Principal and Agent. — There was testimony here tending to show agency.</p> <p>8. Insurance — Concurrent Insurance. — An insurance company issuing a policy on a building on which there is insurance, which is rendered void by reason of the clause against concurrent insurance, is only liable for its pro rata share of the loss under similar clause in its own policy.-</p> <p>9. Charge — New Trial — Juries and Jury Trials. — Error in charge may be cured by granting new trial nisi, for the greatest amount the jury could have been influenced by such error.</p> <p>10. Mr. Chief Justice McIver dissents.</p>