Roach v. Kentucky Mutual Security Fund Co.
Supreme Court of South Carolina
This action was commenced in York County, and afterwards by consent transferred to Greenville. The case came up on the following exceptions: For that his honor erred— 1. In holding that the answer of defendant did not put in issue the allegation of the complaint that the said W. L. Roach duly fulfilled and conformed to all the conditions and requirements of said certificate of membership, so as to require proof of performance of any of the conditions upon which the…
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This action was commenced in York County, and afterwards by consent transferred to Greenville. The case came up on the following exceptions: For that his honor erred— 1. In holding that the answer of defendant did not put in issue the allegation of the complaint that the said W. L. Roach duly fulfilled and conformed to all the conditions and requirements of said certificate of membership, so as to require proof of performance of any of the conditions upon which the certificate issued. 2. In allowing the plaintiffs to offer proof of performance of other conditions than those pleaded in the…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
In 1882, W. L. Roach obtained a *434certificate of membership in the “Knights of Honor Mutual Aid Association” for $3,000, which association, being about to fail, addressed a circular letter to their members, recommending them to transfer their membership to the “Kentucky Mutual Security Fund Company” of Louisville, Kentucky, upon certain terms-therein stated. Accordingly, W. L. Roach, having paid up all assessments, premiums, and other dues to the “Knights of Honor,” made written application to transfer his insurance to the defendant…
2Cases cited1 opinion
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Dechter v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1915
- Dial v. Valley Mutual Life Ass'nSupreme Court of South Carolina · 1888
- Thompson Bros. v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1907