Legal Opinion

Wingo v. N.Y. Life Ins. Co.

Supreme Court of South Carolina

Decided January 26, 1919No. 9881PublishedCited by 15 opinions

Before Rice, J., Spartanburg, - term, --. Action by Annie L. Wingo against the-New York Fife Insurance Company, and by Augustus F. Maxwell against the same defendant.

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Before Rice, J., Spartanburg, - term, --. Action by Annie L. Wingo against the-New York Fife Insurance Company, and by Augustus F. Maxwell against the same defendant. The cases were tried together by consent. judgment for defendant, and plaintiffs appeal. submit: There is only one question in the case: (1) Was there any testimony upon which the jury could base a verdict for the plaintiffs? Every page of the case is bristling with testimony in favor of the plaintiff’s case: 72 D. F. 213: 207 Fed. 481: 29 S. C. 615: 118 Ill. 261: 103 Ill. 534: 85 Ill. 143; 94 N. W. 568; 120 Iowa 203; 66 Mass.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

These two cases were tried together by consent of counsel before Judge Rice, and a jury, at Spartanburg, S. C. The Court, upon all the facts being in and on motion of defendant’s counsel, directed a verdict in favor of the defendant in both cases. After entry of judgment plaintiffs appeal, and by three exceptions present the only question in the case: Was there any testimony upon which the jury could base a verdict for the plaintiffs ?

A careful reading of the evidence satisfies us that there was ample testimony to submit the case to…

2Cases cited1 opinion

  1. Gregory-Conder Mule Co. v. RoddeySupreme Court of South Carolina · 1913

3Cited by15 opinions

  1. Rogers v. Atlantic Life Insurance Co.Supreme Court of South Carolina · 1926
  2. Metropolitan Life Ins. Co. v. BatesSupreme Court of South Carolina · 1948
  3. Bradley v. Metropolitan Life Insurance Co.Supreme Court of South Carolina · 1931
  4. Kiriakides v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1934
  5. McLane v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1930

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