Thompson v. Equitable Life Assurance Society of United States
Supreme Court of South Carolina
Before Spain, J., Richland, Spring term, 1912. Action by Richard A. Thompson against The Equitable Rife Assurance Society of the United States. Defendant appeals. cite: Proof of death is necessary: 60 N. Y. 169; May on Ins., sec. 562; Bliss on Rife Ins. 412. What constitutes an assignment: 65 N. W. 501; 82 N. W. 535. Endorsement was not pure ministerial act: 55 So. 841; 171 N. Y. 616; 109 Am.
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Before Spain, J., Richland, Spring term, 1912. Action by Richard A. Thompson against The Equitable Rife Assurance Society of the United States. Defendant appeals. cite: Proof of death is necessary: 60 N. Y. 169; May on Ins., sec. 562; Bliss on Rife Ins. 412. What constitutes an assignment: 65 N. W. 501; 82 N. W. 535. Endorsement was not pure ministerial act: 55 So. 841; 171 N. Y. 616; 109 Am. St. R. 283; 88 N. W. 606. cites: Company waived proof of loss: 29 S. C. 560; 25 Cyc. 885. An assignment may be treated as an attempt to change beneficiary: 2 Cooley’s Briefs on Ins. 1097, 1104; 178 111.…
1Opinion of the Court
The opinion of the 'Court was delivered by
Mr. Chief Justice Gary.
This is an action on a policy of life insurance.
By consent of the parties to1 the action, his Honor, the Circuit Judge, heard the case without a jury, and rendered judgment in favor of the plaintiff, for the amount of the policy, whereupon the defendant appealed.
The Circuit Judge thus stated the facts:
“This is an action brought for the purpose of recovering $1,.000 on an insurance policy and for all additional sums due thereon. The complaint alleges that the insured, Joseph J. Thompson, assigned the policy to his brother,…
2Cited by4 opinions
- New York Life Ins. v. BrownCourt of Appeals for the Fourth Circuit · 1938
- Smith v. HawkinsSupreme Court of South Carolina · 1970
- De Hay v. SmithSupreme Court of South Carolina · 1921
- Barron v. Liberty National BankSupreme Court of South Carolina · 1925