Cauthen v. Hartford Life Insurance
Supreme Court of South Carolina
Before Gary, J., Anderson, Spring term, 1907. Action -by Lewis E. Cauthen against Hartford Life Insurance Company. Erara judgment for plaintiff, defendant appeals. cite: Admission of irrelevant and incompetent evidence prejudicial to appellant: 42 S. 'C., 121; 32 S. C., 547; 23 S. C., 105. Betters furnish no evidence of zvmver of conditions of policy, hence are not competent: 78 S- C., 78; 76 S. C., 248; 75 S. C., 97; 67 S. E., 57; 62 N. W., 721. Delivery of policy…
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Before Gary, J., Anderson, Spring term, 1907. Action -by Lewis E. Cauthen against Hartford Life Insurance Company. Erara judgment for plaintiff, defendant appeals. cite: Admission of irrelevant and incompetent evidence prejudicial to appellant: 42 S. 'C., 121; 32 S. C., 547; 23 S. C., 105. Betters furnish no evidence of zvmver of conditions of policy, hence are not competent: 78 S- C., 78; 76 S. C., 248; 75 S. C., 97; 67 S. E., 57; 62 N. W., 721. Delivery of policy containing requirement of paying premium as condition of validity, does not waive this condition: 1 Cooley on Ins., 460; 1 S. E.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The complaint alleges a contract hy the defendant to insure the life of C'arlis T. Cauthen for the benefit of his father, the plaintiff, for the sum of one thousand dollars. The 'contract was evidenced by a policy of insurance issued to Carlis T. Cauthen, but in his lifetime destroyed by fire. The answer admits the delivery of the policy mentioned in the complaint, bu,t denies there was ever any contract of insurance for two reasons : First, it is alleged the polic) was sent according to the custom of the compaiw to Carlis T. Cauthen,…
2Cases cited8 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Fludd v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1906
- Holley's v. CurryWest Virginia Supreme Court · 1905
- Hollings v. Bankers Union of the WorldSupreme Court of South Carolina · 1902
- Snyder v. Nederland Life InsuranceSupreme Court of Pennsylvania · 1902
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3Cited by2 opinions
- Welch v. New York Life Ins. Co.Supreme Court of South Carolina · 1936
- Vogel v. Equitable Life Assurance SocietyWashington Supreme Court · 1927