Johnson v. Metropolitan Life Ins. Co.
Supreme Court of South Carolina
Before Memminger, J., Richland, Spring term, 1918. Action by Edward Johnson, as administrator of Nellie T. Johnson, deceased, against the Metropolitan Life Insurance Company. Judgment for plaintiff, and defendant appeals. cite : As to false representations made by the insured in procuring the policy: 53 Oregon 102; 17 Ann.
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Before Memminger, J., Richland, Spring term, 1918. Action by Edward Johnson, as administrator of Nellie T. Johnson, deceased, against the Metropolitan Life Insurance Company. Judgment for plaintiff, and defendant appeals. cite : As to false representations made by the insured in procuring the policy: 53 Oregon 102; 17 Ann. Cas. 1199; 61 S. C. 342* 120 U. S. 183; 117 U. S. 533; 107 S. C. 23. As to claim of waiver: 95 S. C. 199; 25 Cyc. 864; 183 U. S. 309; 25 Cyc. 859; 92 Tenn. 508; 22 S. W. 204. Mr. Verner submits: An examination by a physician of the insurer is evidence of the fact that the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for the recovery of $500 under a policy of insurance on the life of Nellie T. Johnson. The case was tried before Judge Memminger and a jury, and resulted in a verdict in favor of plaintiff for $500. At close of plaintiff’s evidence the defendant made a motion for nonsuit, which was refused. When all the testimony was in, the defendant made a motion for a directed verdict in its favor, which was refused. After verdict a motion for new trial was made and refused. After entry of judgment defendant appeals, and imputes…
2Cases cited5 opinions
- Central Manufacturers Mutual Insurance v. GrahamCourt of Appeals of Georgia · 1919
- Wingo v. N.Y. Life Ins. Co.Supreme Court of South Carolina · 1919
- Gamble v. Metropolitan Life Ins.Supreme Court of South Carolina · 1913
- Baker v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1917
- Dickinson v. FosterWest Virginia Supreme Court · 1918
3Cited by3 opinions
- Kiriakides v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1934
- Roberts v. National Benefit Life Ins. Co.Supreme Court of South Carolina · 1929
- Livingston v. Union Central Life Ins. Co.Supreme Court of South Carolina · 1922