Way v. Union Central Life Ins.
Supreme Court of South Carolina
Before Buchanan, J., Dorchester, 1900. Action by Jane O. Way against the Union Central Life Insurance Co. and the executor and children of Joseph A. Way, to set aside assignment of insurance policy. From judgment dismissing the complaint, plaintiff appeals. cite: Was there constructive fraud involved in the assignment of the policy? Stewart on Hus. & W., 133; 53 S. C., 35; 3 Bail. Eq., 329; 1 Story Eq. Jur., p. 217, et seq.; 8 Ency., 1 ed., 644-5; 4 DeS., 684; 1 McC.
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Before Buchanan, J., Dorchester, 1900. Action by Jane O. Way against the Union Central Life Insurance Co. and the executor and children of Joseph A. Way, to set aside assignment of insurance policy. From judgment dismissing the complaint, plaintiff appeals. cite: Was there constructive fraud involved in the assignment of the policy? Stewart on Hus. & W., 133; 53 S. C., 35; 3 Bail. Eq., 329; 1 Story Eq. Jur., p. 217, et seq.; 8 Ency., 1 ed., 644-5; 4 DeS., 684; 1 McC. Ch., 390; 14 Ency., 2 ed., 194-5; 5 Lawson’s Rights, Rem. & Pr., 2368; 20 How., 506. Where fraud is alleged in equity, seal…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice McIvER.
The undisputed facts of this case are as follows: On the 28th of December, 1899, Joseph A. Way, who had been twice married, departed this life, leaving a will, of which the defendant, George H. Way, is the duly qualified executor. After the death of his first wife, the testator took out a policy of insurance on his own life for the sum of one thousand dollars, which .by the terms of the policy was made payable to Jane O. Way, his second wife, who is the plaintiff herein, though by the “application” for such policy, it appears…
2Cited by18 opinions
- Rhinehart v. RhinehartWyoming Supreme Court · 1938
- Devlin v. DevlinSupreme Court of South Carolina · 1911
- Cheuvront v. CheuvrontWest Virginia Supreme Court · 1903
- Huguenin v. AdamsSupreme Court of South Carolina · 1918
- Bates v. BatesSupreme Court of South Carolina · 1948
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