Parham-Thomas-McSwain, Inc. v. Atlantic Life Insurance
Supreme Court of South Carolina
Before Smith, J., Richland, Summer term, 1917. Action by Parham - Thomas - McSwain, Incorporated, against the Atlantic Life Insurance Company.
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Before Smith, J., Richland, Summer term, 1917. Action by Parham - Thomas - McSwain, Incorporated, against the Atlantic Life Insurance Company. From a judgment for plaintiff, defendant appeals. submit: The verdict and judgment appealed from must be tested by the charge so far as concerns the question whether there was any evidence to support the verdict: 16 S. C. 1. There was no evidence of fraud: (6 Otto) 96 U. S. 544; 24 R. Ed. 674; 81 S. C. 152-159; 97 S. C. 128. Plaintiff did not rely on representations: 97 S. C. 129; 82 S. C. 264; 82 S. C. 173; 69 S. C. 90. Plaintiff waived the fraud: 20…
1Opinion of the Court
March 26, 1918. The opinion of the Court was delivered by Trial in the Circuit Court for the breach of a contract, verdict for the plaintiff for $9,880, appeal by the defendant. The cause was here twice before (104 S.C. 223,88 S.E. 470, and 106 S.C. 212, 90 S.E. 1022), and it has been tried on Circuit four times. The action springs out of a transactions betwixt Parham and the agents of the South Atlantic Life Insurance Company which ran through the years 1912 and 1913. Parham at the outstart on January 11, 1912, by a written contract then made, became a general agent for the South Atlantic…
2Cases cited8 opinions
- McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
- Duckett v. PoolSupreme Court of South Carolina · 1890
- Cape Fear Lumber Co. v. EvansSupreme Court of South Carolina · 1904
- Smith & Furbush MacHine Co. v. JohnstonSupreme Court of South Carolina · 1915
- Mendelsohn v. BanovSupreme Court of South Carolina · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aaron v. Hampton Motors, Inc.Supreme Court of South Carolina · 1962
- Cook v. Metropolitan Life InsuranceSupreme Court of South Carolina · 1938
- Investors Premium Corp. v. Burroughs Corp.District Court, D. South Carolina · 1974
- Thompson v. BassSupreme Court of South Carolina · 1932
- Schenley Distillers Corporation v. RenkenDistrict Court, E.D. South Carolina · 1940
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