Going v. Mutual Benefit Life Insurance
Supreme Court of South Carolina
Before Watts, J., Union, Action on insurance policy by Emma Going against The Mutual Benefit Rife Insurance Co. From verdict and judgment for plaintiff, defendant appeals. cite; As to the motion for nonsuit: 28 S. E. R., 398; 83 Eed., 638; 35 N. E. R., 194; 21 Minn., 217. As to excluding the printed rules: 18 Minn., 449; 38 S. C., 209; 35 S. C., 475. As to conditions of delivery: 92 U. S., 377. New trial should have been ordered: 16 S. C., 1; 19 S. C., 489. The former cites:…
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Before Watts, J., Union, Action on insurance policy by Emma Going against The Mutual Benefit Rife Insurance Co. From verdict and judgment for plaintiff, defendant appeals. cite; As to the motion for nonsuit: 28 S. E. R., 398; 83 Eed., 638; 35 N. E. R., 194; 21 Minn., 217. As to excluding the printed rules: 18 Minn., 449; 38 S. C., 209; 35 S. C., 475. As to conditions of delivery: 92 U. S., 377. New trial should have been ordered: 16 S. C., 1; 19 S. C., 489. The former cites: What words accompanying an act are admissible: 17 N. Y., 133; 2 Speer, 610. Nonsuit cannot be granted when there is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This action was brought upon a policy of insurance on the life of the deceased husband of the plaintiff, alleged to have-been issued by the defendant company, and payable to her, if she survived her husband, as she did. The defense set up by the company was that the poilcy sued upon had never been delivered, and there was never any completed contract of insurance. While some of the facts are contested, the following seem to be undisputed: On the 4th of May, 1898, J. D. Going, the husband of the plaintiff, made an application…
2Cited by15 opinions
- Mitchiner v. Union Central Life InsuranceSupreme Court of Georgia · 1937
- Fender v. New York Life InsuranceSupreme Court of South Carolina · 1930
- Able v. Pilot Life Ins. Co.Supreme Court of South Carolina · 1938
- New York Life Ins. v. RutherfordCourt of Appeals for the Ninth Circuit · 1922
- Ames v. New York Life InsuranceSupreme Court of Minnesota · 1922
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