Clarke v. Home Fund Life Ins.
Supreme Court of South Carolina
Before Gage, J., Greenville, Action by George T. Clarke, administrator of David A. Campbell, against Home Fund Insurance Company.
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Before Gage, J., Greenville, Action by George T. Clarke, administrator of David A. Campbell, against Home Fund Insurance Company. From judgment for plaintiff, defendant appeals. cite: Plaintiff must show, waiver: 83 Fed., 631; 39 Fed., 752; 144 U. S-, 449; 1 Joyce on Ins., Secs. 96, 97. Parol evidence offered as to cancellation of policy if note be not paid does not conflict with rule against parol evidence .affecting written instruments: 2 Joyce on Ins., Sec. 1204; 42 L. R. A., 261; 32 N. Y., 619; 90 Am. D., 787; 71 S. C., 356; 187 U. S., 335; 2 Jones Ev., Secs. 444, 478; Stephens Ev., 163;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
The plaintiff sued as the administrator of the estate of David A. Campbell, deceased, to recover one thousand dollars which he claims by the terms of the policy of insurance issued by the defendant, Home Fund Life Insurance -Company, which was to be paid on the death of the said Campbell in accordance with, the terms of the said policy.
The defendant in its answer admitted that it issued the policy in question through its agent, E. S-. Dominick, on the fifth day of September, 1905, but claimed that said policy was forfeited by the…
2Cases cited3 opinions
- State v. RichardsWest Virginia Supreme Court · 1889
- Stepp v. National Life, &c., Ass'nSupreme Court of South Carolina · 1892
- Dargan v. Equitable Life Assurance SocietySupreme Court of South Carolina · 1905
3Cited by2 opinions
- Parker v. MayesSupreme Court of South Carolina · 1910
- Garland v. Charleston Naval Shipyard Federal Credit UnionCourt of Appeals of South Carolina · 1989