Sample v. London &c. Insurance

Citations

• 42 S.C. 14
• 19 S.E. 1020
• 1894 S.C. LEXIS 18

Syllabus

<p>t. Directing Verdict — Podicy oe Insurance. — In action to recover for a loss under a policy of fire insurance, the defendant pleaded in bar a stipulation in the policy, that no action should be maintained under the policy after the expiration of twelve months from the date of fire. It being admitted by the plaintiff at the trial that there was such a stipulation in the policy, and that more than that time had elapsed before action commenced, the trial judge, without further testimony and against the protest of plaintiff, directed a verdict for defendant. I-Ield, that this course was not according to proper procedure, and that plaintiff should have been permitted to reply, when, perhaps, he might have been able to prove waiver, estoppel, &c.</p>