174 S.E. 907 | S.C. | 1934
June 12, 1934. The opinion of the Court was delivered by The defendant, a Nebraska corporation, is a fraternal association operating in this State through local lodges or groves as its agents. In November, 1925, it issued to the plaintiff, one of its members, a certificate, which provided for the payment to such member disability benefits in the sum of $250.00. The complaint alleged that the plaintiff, while a member in good standing, became totally and permanently disabled, and that under the terms of the insurance contract she was entitled to the payment of the benefits claimed. The answer was a general denial. The trial of the case resulted in a verdict for the amount asked for, and the defendant excepts and brings error.
The main question presented by the appeal is whether the trial Judge committed error in refusing defendant's motion for a nonsuit, made upon the ground that the testimony failed to show that the plaintiff was totally and permanently disabled under the terms of the benefit certificate.
We think the motion was properly overruled. In Hickmanv. Life Insurance Company,
The motion for a new trial was also properly refused. The request to charge out of which this question arose gave to the defendant more than it was entitled to; it therefore has no reasonable ground for complaint. There was some testimony to sustain the verdict, and we think it should be allowed to stand.
The judgment is affirmed.
MR. CHIEF JUSTICE BLEASE, MESSRS. JUSTICES CARTER and BONHAM and MR. ACTING ASSOCIATE JUSTICE W.C. COTHRAN concur. *66