Supreme Court of South Carolina, 1937

Lamb v. Metropolitan Mutual Fire Insurance

Supreme Court of South Carolina · Decided April 16, 1937 · Carter, Stabler, Messrs, Bonham, Baker, Eishburne

191 S.E. 56; 183 S.C. 345; 1937 S.C. LEXIS 112 (South Eastern Reporter)

Counsel

Messrs. Jennings Jennings , for appellant, cite: Demurrer: 154 S.E., 106 . Punitive damages recoverable for breach of contract: 2 Nott McCord, 11. Waiver: 177 S.E., 98 . Mr. C.T. Graydon , for respondent, cites: Pleadings: 97 S.C. 27 ; 81 S.E., 189 ; 101 S.C. 399 ; 85 S.E., 968 ; 178 S.C. 240 ;.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Carter.

This case, by M. C. Lamb, plaintiff-appellant, against the Metropolitan Mutual Eire Insurance Company, defendant-respondent, was commenced in the County Court for Rich-land County, August 12, 1936, and the purpose of the action was to recover judgment in connection with an insurance policy issued by the defendant to the plaintiff, and the case comes to this Court on appeal from an order of his Plonor, the County Judge, sustaining the demurrer of the defendant to the plaintiff’s amended complaint.

After due consideration of the record in the case, we are satisfied that the trial Judge reached the right conclusion in sustaining the demurrer. The exceptions are, therefore, overruled and the judgment of the lower Court affirmed.

Mr. Chief Justice Stabler and Messrs. Justices Bonham, Baker and Eishburne concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.