Huestess v. South Atlantic Life Ins.
Supreme Court of South Carolina
Before Memminger, J., Marlboro, May term, 1910. Action by Maggie B. Huestess and others against the South Atlantic Life Insurance Company. From judgment on verdict directed by the Court, the plaintiffs appeal. Messrs.
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Before Memminger, J., Marlboro, May term, 1910. Action by Maggie B. Huestess and others against the South Atlantic Life Insurance Company. From judgment on verdict directed by the Court, the plaintiffs appeal. Messrs. McColl & McColl cite: Effect of fraud in contract: 25 Cyc. 800. Applications filled out by agent of company: 40 S. C. 548. Effect of knowledge of agent of falsity of statement in application: 75 S. C. 329; 79 S. C. 526. Power of agent to bind company: 57 S. C. 358; 70 S. C. 301; 74 S. C. 246; 183 U. S. 308. Waiver: 52 S. C. 225; 51 S. C„ 181. cites: Knowledge of the condition of…
1DissentJustice Woods
In this action by the executors of the will of Joseph B. Huestess on an insurance policy issued on the life of the testator, the Circuit Judge directed a verdict for the defendant, and the plaintiffs appealed. Part one of the application for the policy contained these stipulations, signed by Joseph B. Huestess: “I agree that this application, and the answers made to the medical examiner in Part II of said application, shall be the basis of the contract between the parties hereto, and shall be conclusive upon any person having or claiming any interest in any policy to be issued. * * * That the…
2Cases cited10 opinions
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Knobelock v. Germania Savings BankSupreme Court of South Carolina · 1897
- Pearlstine v. Insurance Co.Supreme Court of South Carolina · 1906
- Pelzer Manufacturing Co. v. Sun Fire OfficeSupreme Court of South Carolina · 1892
- Rearden v. State Mutual Life InsuranceSupreme Court of South Carolina · 1908
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