Clarkson v. Supreme Lodge, K. of P.
Supreme Court of South Carolina
Before Gage, J., Columbia, October, 1912. Two actions by E. McC. Clarkson and S. L. Miller against Supreme Lodge, Knights of Pythias, Insurance Department, tried together. From judgment for plaintiffs, the defendant appeals.
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Before Gage, J., Columbia, October, 1912. Two actions by E. McC. Clarkson and S. L. Miller against Supreme Lodge, Knights of Pythias, Insurance Department, tried together. From judgment for plaintiffs, the defendant appeals. The facts are stated in the opinion. cite: Power of association to reclassify risks and change rates: 117 Ind. 489; 3 L. R. A. 409; 121 Eed. 403. Opinion of witness as to reasonableness of rates inadmissible, as that ultimate question must be determined by the Court and fury: Jones Ev., secs. 372, 373 and 381; 32 S. C. 392. If necessary, the rates are reasonable: 192…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Plaintiffs brought these actions to recover the premiums which they paid to defendant on their policies of insurance, alleging that, on January 1, 1911, defendant breached its contracts with them by unreasonably increasing the rates, and declaring their policies forfeited, because they refused to pay the increased rates.
The Circuit Court held that the action of defendant in establishing the new rates was taken in good faith, but overruled defendant’s motion for a directed verdict, based on the ground that the rates were reasonable,…
2Cases cited8 opinions
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Wright v. Minnesota Mutual Life InsuranceSupreme Court of the United States · 1904
- Crossman v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1887
- Hussey v. GallagherSupreme Court of Georgia · 1878
- State Ex Rel. Southern Ry. v. EarleSupreme Court of South Carolina · 1903
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3Cited by11 opinions
- Wirtz v. Sovereign Camp, W. of W.Texas Supreme Court · 1925
- Wirtz v. Sovereign Camp, W. O. W.Texas Supreme Court · 1925
- Thomas v. Knights of Maccabees of the WorldWashington Supreme Court · 1915
- Sarratt v. CashSupreme Court of South Carolina · 1916
- Brooks v. ShannonSupreme Court of Oklahoma · 1939
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