Taff v. Smith
Supreme Court of South Carolina
Before PrueiRoy, J., Greenville,-, 1920. Action by Mrs. E. A. Taff against Mildred .C. Smith. From verdict for plaintiff, defendant appeals. cite: Unless right to change beneficiary is reserved it cannot be done: 25 Cyc. 892; 77 S. C. 302; "49 L. R. A. (Ohio) 737, and note; 87 S. C. 395. cite: As a general rule right of beneficiary is a vested right: 77 S. C. 299; 87 S. C. 395. But this must yield where insured had right under the policy to change beneficiary but was…
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Before PrueiRoy, J., Greenville,-, 1920. Action by Mrs. E. A. Taff against Mildred .C. Smith. From verdict for plaintiff, defendant appeals. cite: Unless right to change beneficiary is reserved it cannot be done: 25 Cyc. 892; 77 S. C. 302; "49 L. R. A. (Ohio) 737, and note; 87 S. C. 395. cite: As a general rule right of beneficiary is a vested right: 77 S. C. 299; 87 S. C. 395. But this must yield where insured had right under the policy to change beneficiary but was prevented from so doing by act of the beneficiary in wrongfully refusing to deliver policy itself: 3 Story Eq. Jur. (14th Ed.),…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chirr Justice Gary.
The plaintiff sued the defendant and the Life Insurance Company of Virginia for the proceeds of a policy upon the life of S. Edward Taff. The Life Insurance Company paid the money to the clerk of the Court, by agreement of counsel representing the plaintiff and the defendant. Mrs. Taff thought she was entitled to the proceeds of the policy, because her son, S. Edward Taff, had sought to make her the beneficiary of the policy. The defendant, Mrs. Mildred C. Smith, claims that she is- entitled to the proceeds of the policy because…
2Cases cited2 opinions
- Deal v. DealSupreme Court of South Carolina · 1911
- Holder v. Prudential InsuranceSupreme Court of South Carolina · 1907
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- Provident Life & Accident Insurance v. DriverCourt of Appeals of South Carolina · 1994
- Associated Spring Corp. v. Roy F. Wilson & Avnet, Inc.District Court, D. South Carolina · 1976
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