Thompson v. Security Trust & Life Ins.
Supreme Court of South Carolina
Before Keugh, J., Spartanburg, March term, 1901. Action by Jessie M. Thompson against Security Trust and Life Insurance Co. of Philadelphia. From judgment for plaintiff, defendant appeals. The former cites: Defendant entitled to open and reply: 35, S. C., 165, 178; 50 S. C., 36; 39 S. C., 165; 43 S. C., 26. Affidavit as to state of health should have been admitted: 35 R. R. A., 272; 69 N. Y., 256; 50 E. R. A., 777; 8 Wall, 397; 31 Am.
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Before Keugh, J., Spartanburg, March term, 1901. Action by Jessie M. Thompson against Security Trust and Life Insurance Co. of Philadelphia. From judgment for plaintiff, defendant appeals. The former cites: Defendant entitled to open and reply: 35, S. C., 165, 178; 50 S. C., 36; 39 S. C., 165; 43 S. C., 26. Affidavit as to state of health should have been admitted: 35 R. R. A., 272; 69 N. Y., 256; 50 E. R. A., 777; 8 Wall, 397; 31 Am. R., 631; 3 Ency., 2 ed., 10-18-20. Error to qualify, modify or restrict the express terms of the contract: Bishop-on Con., sec. 379; 42 R. R. A., 273; 35 R. R.…
1Opinion of the Court
The opinion of, the Court was delivered by
Mr. Justice Gary.
This is an action on a policy of insurance on the life of W. W. Thompson, who died on the 8th of August, 1899. The policy was issued on the 29th of December, 1898, and this action was commenced on the day of November, 1899. The jury rendered a verdict in favor of the plaintiff for the amount of the policy.
1 The appellant’s first exception is as follows: “I. Because his Honor erred in refusing to allow the defendant the opening and reply.” The complaint alleged that the defendant, by its authorized agent, Elliott Estes, issued the said…
2Cases cited2 opinions
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