Legal Opinion

Morrison v. Mutual Benevolent Ass'n

Supreme Court of South Carolina

Decided October 23, 1907No. 6691PublishedCited by 7 opinions

Before Klugh, J., Chesterfield, Action by C. P. Morrison against Mutual Benevolent Association of Chesterfield County. From judgment for plaintiff, defendant appeals. cite: Forfeiture must be strictly construed: 5 F. R. A., S08, notes; 1 R. R. A., 561, notes; 9 L. R. A., 189, notes; 2 R. R. A., 118, notes; 52 111., 53; 55 111., 213; 5 Pick., 76; 10 Pick., 13; 1 Mass., 330; 15 Johns., 278; 3 Kent Com., 261; 32 N. Y., !0'5; 52 Me., 336; 10 W. R., 339. There was evidence…

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Before Klugh, J., Chesterfield, Action by C. P. Morrison against Mutual Benevolent Association of Chesterfield County. From judgment for plaintiff, defendant appeals. cite: Forfeiture must be strictly construed: 5 F. R. A., S08, notes; 1 R. R. A., 561, notes; 9 L. R. A., 189, notes; 2 R. R. A., 118, notes; 52 111., 53; 55 111., 213; 5 Pick., 76; 10 Pick., 13; 1 Mass., 330; 15 Johns., 278; 3 Kent Com., 261; 32 N. Y., !0'5; 52 Me., 336; 10 W. R., 339. There was evidence tending to show zvaiver: 1 S. C., 21; 1 May on Ins., secs. 160 to 367; 29 Barber, 552; 16 S. C., 79.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

Plaintiff brought this action to recover $1,000 on a policy of life insurance issued by defendant October 15, 1901, on the life of plaintiff’s wife, Elizzie E. Morrison, who died July 22, 1905. The defense set up was that the policy was forfeited for failure on the part of plaintiff to pay a note for entrance fees for himself and wife, and because the annual dues for the period from October 15, 1901, to December 1, 1901, being one-eighth of one dollar and a quarter, had not been paid on December 1, 1901, which defeated the policy.…

2Cases cited2 opinions

  1. State v. AdamsSupreme Court of South Carolina · 1904
  2. Sparkman v. Supreme Council American Legion of HonorSupreme Court of South Carolina · 1900

3Cited by7 opinions

  1. Powers v. RawlsSupreme Court of South Carolina · 1922
  2. State v. ChastainSupreme Court of South Carolina · 1910
  3. State v. LongSupreme Court of South Carolina · 1913
  4. State v. BoylestonSupreme Court of South Carolina · 1910
  5. Bennett v. Columbia Electric Street Railway, Light & Power Co.Supreme Court of South Carolina · 1912

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