Pilot Life Ins. Co. v. Cudd

Mr. Associate Justice Taylor

delivered the unanimous Opinion of the Court,

This action was commenced in the Spartanburg County Common-Pleas Court in March, 1944, by the service of summons and complaint. Plaintiff seeks to recover on the ground of alleged mistake, as alleged in the complaint, the sum of $1,013.36, paid to defendant as beneficiary under a policy on the life of her nephew; and foster son, Lewis Edward Cudd, of which the sum of $1,000.00 was death benefit and $13.36 was premium refund.

Defendant answered, admitting, the payment, denying mistake, and alleging that the payment was…