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KNAPP v. VICTORY CORPORATION

21900

279 S.C. 80 (1983)

302 S.E.2d 330

Michael J. KNAPP and Charles S. Bernstein, individually and formerly copartners under the name and guise 134 Meeting Street partnership, Plaintiffs-Appellants, v. VICTORY CORPORATION, Appalachian National Life Insurance Company, Henry Yaschik and Frikrosil, of whom: Appalachian National Life Insurance Company is Defendant-Appellant, and Victory Corporation, Henry Yaschik and Frikrosil, are Defendants and of whom Frikrosil is Respondent.

Supreme Court of South Carolina.

April 18, 1983.

Attorney(s) appearing for the Case

A. Arthur Rosenblum, Charleston, for plaintiffs-appellants,

Thomas B. Pollard, Jr., of Nexsen, Pruet, Jacobs & Pollard, Columbia, for defendant-appellant.

Michael J. Brickman, of Brickman & Brickman, Charleston, for defendants and respondent.

April 18, 1983.

NESS, Justice.

Appellants Knapp and Bernstein brought this declaratory judgment action to determine the parties' rights to fire insurance proceeds of $225,000.00. The master-in-equity held the respondent mortgagor was entitled to the proceeds, rather than the mortgagees. We reverse.

The first mortgagee, appellant Appalachian National Life Insurance Company, contends it is entitled to the entire...

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