Ryan v. New England Mutual Life Insurance
Supreme Court of South Carolina
Before Mendel L: Smith, Special Judge, Sumter, Spring term 1920. Action by Loretta M. Ryan against New England Mutual Life Insurance Co. Judgment for plaintiff and defendant appeals.
Read the full summary
Before Mendel L: Smith, Special Judge, Sumter, Spring term 1920. Action by Loretta M. Ryan against New England Mutual Life Insurance Co. Judgment for plaintiff and defendant appeals. Trie exceptions directed to be reported were as follows: I. That his Honor erred in admitting in evidence the. copy of the letter of J. B. Ryan, Jr., to R. J. Guinn, dated June 30, 1918, and in submitting the said letter to the jury to be considered by them on the question of waiver by the defendant of the conditions in the policy providing that upon the assured entering the military or naval service in time of…
1DissentJustice Coti-iran
(dissenting) : The facts of this case are very clearly stated in the opinion of the Chief Justice.
In reference to the motion by the defendant to strike from the record the alleged letter from, Ryan to Guinn, general agent of the defendant, dated June 30, 1918, the motion was properly refused. Mrs. Ryan testified that she personally mailed the original letter, of which that offered in evidence purported to be a copy, in the postoffice at Greenville, postage paid, containing check for $81.50. The presumption would arise that it was delivered in due course, and coupled with the fact that the…
2Cases cited9 opinions
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Reid v. American National Assurance Co.Missouri Court of Appeals · 1920
- Spahr v. CapeMissouri Court of Appeals · 1909
- Garvey v. Harbison-Walker Refractories Co.Supreme Court of Pennsylvania · 1906
- Wingert v. SnoufferSupreme Court of Iowa · 1906
4 more not listed; retrieve them via the Exa API.