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ST. PAUL MERC. INDEM. CO. v. PAL. QUARRIES CO.

17514

234 S.C. 246 (1959)

107 S.E.2d 453

ST. PAUL MERCURY INDEMNITY COMPANY, Respondent, v. PALMETTO QUARRIES COMPANY, Appellant.

Supreme Court of South Carolina.

March 10, 1959.

Attorney(s) appearing for the Case

Messrs. Herbert & Dial, of Columbia, for Appellant.

Messrs. Fulmer & Barnes and Robinson, McFadden & Dreher, of Columbia, for Respondent.

Messrs. Herbert & Dial, of Columbia, for Appellant, in Reply.

March 10, 1959.

OXNER, Justice.

This action was brought by St. Paul Mercury Indemnity Company, hereinafter referred to as St. Paul, against Palmetto Quarries Company, hereinafter referred to as Palmetto, to recover the sum of $1,630.90 representing balance due for insurance premiums on an employer's liability policy for the year 1952. Palmetto admitted this indebtedness and interposed two counterclaims, the first in tort and the second in contract.

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