46 S.C. 541 | S.C. | 1896
The opinion of the Court was delivered by
This is a suit upon an accident policy of insurance for $2,500, issued by the defendant company to Charles W. Carpenter, late of Chester, S. C. The defendant is a foreign corporation, incorporated under the laws of Kentucky, did business in accident insurance in this State, and had local agents at Chester, S. C. The policy insured “C. W. Carpenter, of Chester, S. C., for three calendar mouths, beginning at noon on the 12th day of February, 1894, * * * against bodily injuries sustained through external, violent, and accidental means,” and promised, “upon satisfactory proof of same, to pay the insured, if he survives, suc-h sum as provided on the back hereof, or if death results within ninety days, as provided, will pay $2,500 to his legal representatives.” The policy further provided, that “this insurance does not cover * * * accidental injuries or death resulting from or caused by * * * voluntary exposure to unnecessary danger, &c.” The policy was dated, “Douisville, Ky., 12th day of February, 1894.” The insured was classed in “Division D., $2,500.” It seems that in the table of indemnity, adopted by this
We cannot ascertain from the “Case” when this action was commenced, but it appears to have been tried March, 1895. The defendant appeared generally in the case, and answered on its merits. The complaint contained the allegations appropriate in such a case. We note specialty that in paragraph two the complaint alleged that the policy sued on was payable to the legal representatives of Charles W. Carpenter, 11 At Chester, A. C” The answer not only does not deny this, but expressly admits that the defendants mailed a policy like that described in the complaint to its agents at Chester,'S. C., on Februa^ 12th, 1894. The answer raised an issue as to the delivery of the policy, alleging on information that it “was not delivered to Charles W. Carpenter before the alleged accident of 19th February, 1894.” Three affirmative defences are also set up, viz: (1) That the policy was vitiated by the fraud of the insured in not stating his true occupation, having represented himself as proprietor of a livery stable, whereas
The case was tried before Judge Benet and a jury. On the close of plaintiff’s testimony, defendant’s counsel moved for a nonsuit on three grounds, as follows: (1) That plaintiffs are non-residents. (2) That the cause of action did not arise in this State. (3) That no proof of death was furnished within thirty days. The Circuit Judge overruled the motion for a nonsuit, but declined to pass on the question of residence, on the ground that it was a question of fact for the jury. The trial resulted in a verdict for the plaintiffs for $2,500.
The third exception, relating to the delivery of the policy, was abandoned.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.