Prince v. State Mutual Life Insurance
Supreme Court of South Carolina
Action by Albert I. Prince against State Mutual Insurance Co. From judgment for plaintiff, defendant appeals. cite: Punitive damages are not recoverable for breach of contract: 70 S. C., 115; 13 Cyc., 113; 38 S. C., 157. Written application cannot be changed by parol: 39 S. C., 313; 57 S. C., 60; 13 S. C., 11; 16 S. C., 373; 53 S. C., 133. Agency cannot be shown by declarations: 58 S. C., 301; 73 S. C., 353. Insurance agent has no power to change risks: 39 Am.
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Action by Albert I. Prince against State Mutual Insurance Co. From judgment for plaintiff, defendant appeals. cite: Punitive damages are not recoverable for breach of contract: 70 S. C., 115; 13 Cyc., 113; 38 S. C., 157. Written application cannot be changed by parol: 39 S. C., 313; 57 S. C., 60; 13 S. C., 11; 16 S. C., 373; 53 S. C., 133. Agency cannot be shown by declarations: 58 S. C., 301; 73 S. C., 353. Insurance agent has no power to change risks: 39 Am. R., 377; 16 N. W. R., 91. Court must construe meaning: 13 S. C., 67; 39 S. C., 391, 388. As to office of application: 101 Fed. R.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This action was commenced in December, 1905, and was heard at the October-November, 1906, term of the Court of Common Pleas for Hampton County. The plaintiff sought to recover damages for the alleged failure of the defendant to issue to him a ten year policy of insurance on plaintiff’s life. The allegations of the complaint are in substance as follows: That on the fifth day of May, 1905, in consideration of the sum of fifteen dollars and forty-three cents, the defendant agreed to- execute and deliver to the plaintiff its policy…
2Cases cited2 opinions
- Welborn v. DixonSupreme Court of South Carolina · 1904
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
3Cited by13 opinions
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- Holland v. Spartanburg Herald-Journal Co.Supreme Court of South Carolina · 1932
- O'Connor v. Brotherhood of Railroad TrainmenSupreme Court of South Carolina · 1950
- Winthrop v. AllenSupreme Court of South Carolina · 1921
- Broome v. Travelers InsuranceSupreme Court of South Carolina · 1937
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