McLaurin v. Mutual Life Insurance
Supreme Court of South Carolina
Before Moore, J., Marlboro, Spring term, 1919. Action by John B. McLaurin, as Administrator of the lístate of Sue S. McLeod, against Mutual Life Insurance Company of New York, on policy of life insurance.
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Before Moore, J., Marlboro, Spring term, 1919. Action by John B. McLaurin, as Administrator of the lístate of Sue S. McLeod, against Mutual Life Insurance Company of New York, on policy of life insurance. Erom judgment for plaintiff, the defendant appeals. cite: In this case no conscious fraud is charged and no breach of warranty alleged, differing from. 88 S. C. 31. Misrepresentation in application made innocently of a fact peculiarly within applicant’s knowledge will be held a fraudulent representation if it turns our to be untrue : 112 S. C. 139; 98 S. E. 424. Plaintiff assumes burden of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justic® Gaol.
The plaintiff had a verdict against the defendant for $10,000 in an action upon a contract of life insurance betwixt Mrs., Sue S. • McLeod, now .deceased, and the defendant company, and from a judgment entered thereupon the defendant has appealed. .
There are 10 exceptions, but not nearly- so many real issues, and the burden of them all is that the Court ought to have directed a verdict for the defendant. So. the issue is: Does the testimony lead to only one reasonable conclusion, and that for the defendant ?
The company by its letter…
2Cited by12 opinions
- Fender v. New York Life InsuranceSupreme Court of South Carolina · 1930
- Nix v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1936
- Able v. Pilot Life Ins. Co.Supreme Court of South Carolina · 1938
- Ellis v. Capital Life and Health Ins. Co.Supreme Court of South Carolina · 1956
- Welch v. New York Life Ins. Co.Supreme Court of South Carolina · 1936
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