Robertson v. Fraternal Union of America
Supreme Court of South Carolina
Before Watts, J., York, February term, 1908. Action by Maggie Robertson against Fraternal Union of America. From judgment for plaintiff, defendant appeals. cites: Certificate improperly admitted: 28 S. C., 431; 29 S. C., 560; Bliss on U. L, secs. 34, 44, 61; 67 Penn., 108. Bvidence as to falsity of statments in application improperly ruled out: Code 1902, 1807, 1825. cite: Answers in application are not zvarranties: 66 U. R. A., 322; 10 A. R., 166; Bliss on Ins., 80-; 120 U.…
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Before Watts, J., York, February term, 1908. Action by Maggie Robertson against Fraternal Union of America. From judgment for plaintiff, defendant appeals. cites: Certificate improperly admitted: 28 S. C., 431; 29 S. C., 560; Bliss on U. L, secs. 34, 44, 61; 67 Penn., 108. Bvidence as to falsity of statments in application improperly ruled out: Code 1902, 1807, 1825. cite: Answers in application are not zvarranties: 66 U. R. A., 322; 10 A. R., 166; Bliss on Ins., 80-; 120 U. S-, 183. Burden is on defendant to prove non-performance of conditions: 28 S. C., 431; 120 U. S., 214; 23 A. R., 198;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, as the beneficiary of a certificate or policy of life insurance issued by the Fraternal Union of America to Erwin Robertson, recovered judg ment for one thousand and sixty-five dollars and fifty cents, the full amount of the insurance. The policy was issued April 13, 1900, and Robertson died December 17, 1905.
1 The defendant’s first grounds of appeal are that the Court did not require the plaintiff to introduce in evidence Robertson’s application for membership in the defendant association along with the policy, and did…
2Cited by5 opinions
- Smith Ex Rel. Estate of Smith v. WinninghamSupreme Court of South Carolina · 1969
- Powell v. GarySupreme Court of South Carolina · 1942
- Stewart v. Woodmen of the World Life Ins. Soc.Supreme Court of South Carolina · 1940
- Raggio v. Woodman of the World Life Insurance SocietySupreme Court of South Carolina · 1955
- Raggio v. Woodman of the World Life Insurance SocietySupreme Court of South Carolina · 1955