Opinion
17957
August 28, 1962.
Appeal from Common Pleas Court of Anderson County; J.B. Pruitt, Judge.
Francis R. Fant, Esq., of Anderson, for Appellant, cites: As to error on part of trial Judge in striking appellant's defense that respondent was not the real party in interest and in refusing to allow appellant to introduce evidence and testimony to that effect: 130 S.C. 404, 126 S.E. 133; 97 S.C. 389, 81 S.E. 665; 202 S.C. 384, 25 S.E.2d 243; 3 Brev. 550; 219 S.C. 231, 64 S.E.2d 641; 189 S.C. 426, 1 S.E.2d 490; 6 S.C. 184; 230 S.C. 340, 95 S.E.2d 595; 204 S.C. 496, 30 S.E.2d 146; 248 U.S. 139, 63 L.Ed. 170, 1 A.L.R. 1522; 157 A.L.R. 1263. As to punitive damages: 210 S.C. 370, 42 S.E.2d 705.
Messrs. Watkins, Vandiver, Freeman Kirven, of Anderson, for Respondent, cite: As to trial Judge properly refusing the returns and testimony of the witness produced by appellant: 67 C.J.S. 382, Witnesses, Sec. 25; 210 S.C. 336, 42 S.E.2d 537; 217 S.C. 161, 60 S.E.2d 79; (S.C.) 124 S.E.2d 50. As to where the transfer of money by the insurer fully covering the loss is held to constitute a valid loan, the insured remains the real party in interest: 157 A.L.R. 1267; 46 N.Y.S.2d 736; 248 U.S. 139, 39 S.Ct. 63, 1 A.L.R. 1522; 204 S.C. 496, 30 S.E.2d 146; 230 S.C. 340, 95 S.E.2d 596.
August 28, 1962.
This action and that involved in No. 4875 are companion cases. The two appeals present substantially the same issues. The opinion filed today in No. 4875, 127 S.E.2d 129, requires affirmance of the order appealed from.
Affirmed.
TAYLOR, C.J., and MOSS, LEWIS and BUSSEY, JJ., concur.