Thompson v. Family Protective Union
Supreme Court of South Carolina
Action by Barbara A. Thompson against The Family Protective Union of Boston. From judgment for plaintiff, defendant appeals. cites: Declarations of a ■person as to a past act are not admissible in his favor: Abb. Tr. Ev., 45; 1 Green, on Ev., 15 ed., 99, note a, 124, 123; 84 Ga., 711. Application is binding on insured: 11 Ency., 2 ed., 866, 867, 872, 876. Construction of application: 11 Ency., 933; 10 Am.
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Action by Barbara A. Thompson against The Family Protective Union of Boston. From judgment for plaintiff, defendant appeals. cites: Declarations of a ■person as to a past act are not admissible in his favor: Abb. Tr. Ev., 45; 1 Green, on Ev., 15 ed., 99, note a, 124, 123; 84 Ga., 711. Application is binding on insured: 11 Ency., 2 ed., 866, 867, 872, 876. Construction of application: 11 Ency., 933; 10 Am. R., 166, 176, 180. cite: Remarks as to letter was not charge on facts: 36 S. C., 534; 61 S. C., 21; 40 S. C., 31. ■ Duty of Judge to construe letter: 38 S. C., 417; 39 S. C., 281, 375, 383;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action by the widow of James H. Thompson, she being the sole beneficiary named m a certificate of membership issued to him by the defendant, on the 15th day of September, 1899. The jury rendered a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant has appealed upon exceptions, the first of which is as follows:
1 “1. Because the presiding Judge, having properly held that the letter by Thompson to Mathis (marked ‘Exhibit C’) could not be read to the jury as evidence, erred in stating in the…
2Cited by2 opinions
- Lawrence v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1934
- Smith v. Southern Ry.Supreme Court of South Carolina · 1908