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…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action on a policy of life insurance, issued the 26th of December, 1907, to Joseph B. Huestess, who died on the 9th of August, 1908.
After denying certain allegations of the complaint, the defendant, by way of defense, alleged “that said policy was procured through fraud on the part of Joseph B. Huestess, the insured, said fraud consisting in the following facts, to wit:
“(a) Part 1 of the Application for Insurance, under which said Policy No. 5949 was issued, contains the following agreement on the part of the insured:
“(1) I…
2Cases cited12 opinions
- Gandy v. Orient InsuranceSupreme Court of South Carolina · 1898
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Madden & Co. v. Phoenix Ins.Supreme Court of South Carolina · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Strother v. Lexington County Recreation CommissionSupreme Court of South Carolina · 1998
- Rickborn v. Liberty Life InsuranceSupreme Court of South Carolina · 1996
- Rogers v. Atlantic Life Insurance Co.Supreme Court of South Carolina · 1926
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Johnson v. New York Life Insurance Co.Supreme Court of South Carolina · 1932
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