Hagins v. Life Insurance Co.
Supreme Court of South Carolina
Before Frank B. Gary, special Judge, Cherokee. Action by Buey Hagins against Aetna Bife Insurance Co. From judgment for defendant, plaintiff appeals. cites: Where an order is given in payment insured should be notified of non-payment: 1 W. R., 600; 114 Ill., 535; 53 Mich., 141; 54 A. R., 354; 10 B. R. A., 534; 2 Fncy., 289. Payment of note given for premium is not condition precedent to validity of contract: 93 Ind., 7; 101 Mass., 558; 45 N. J. R., 543; 42 Mich., 19. As to…
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Before Frank B. Gary, special Judge, Cherokee. Action by Buey Hagins against Aetna Bife Insurance Co. From judgment for defendant, plaintiff appeals. cites: Where an order is given in payment insured should be notified of non-payment: 1 W. R., 600; 114 Ill., 535; 53 Mich., 141; 54 A. R., 354; 10 B. R. A., 534; 2 Fncy., 289. Payment of note given for premium is not condition precedent to validity of contract: 93 Ind., 7; 101 Mass., 558; 45 N. J. R., 543; 42 Mich., 19. As to liability of defendant: 37 S. C., 417; 30 Ohio St., 240. Envelope containing deposition does not conform to statute as to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The defendant issued an accident insurance policy to J. R. Hagins, a fireman on the Southern Railway. The date of the policy was August 20, 1903, and to provide for payment of the premiums, the defendant took orders from Hagins on the Southern Railway Company for $5 for each of the months of September, October, November and December, to be paid out of his monthly earnings. The policy contains this provision: “The payments specified in said order are premiums for separate and consecutive periods of two, three and five months, and each…
2Cases cited13 opinions
- Thompson v. Insurance Co.Supreme Court of the United States · 1881
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- Bane v. Travelers' InsuranceCourt of Appeals of Kentucky · 1887
- Employer's Liability Assurance Corp. v. RochelleCourt of Appeals of Texas · 1896
- McMahon v. Travelers' InsuranceSupreme Court of Iowa · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Horsford v. Carolina Glass Co.Supreme Court of South Carolina · 1912
- Keller v. Pearce-Young-Angel Co.Supreme Court of South Carolina · 1969
- Pacific Mut. Life Ins. Co. v. WatsonSupreme Court of Alabama · 1931
- Caines v. Marion Coca-Cola Bottling Co.Supreme Court of South Carolina · 1941
- Cauthen v. Hartford Life InsuranceSupreme Court of South Carolina · 1908
2 more not listed; retrieve them via the Exa API.