57 S.C. 467 | S.C. | 1900
The opinion of the Court was delivered by
This is an action to recover from the defendant the sum of $4,000 and interest, less the sum of $159.20 advanced by him to pay the premium on a policy of insurance on the life of Wm. H. Rentz. In the first paragraph of the complaint it is alleged that Wm. H. Rentz, on the first day of November, 1890, procured a policy of insurance on his life by payment of a premium of $159.20, and agreed to pay a like sum thereafter annually to keep the same in full force and effect. The answer admits this allegation. The policy was made paj^able to Wm. H. Rentz, his executors, administrators or assigns. The third paragraph of the complaint alleges that Rentz assigned the policy to A. T. Rion,'on 15th January, 1891, upon condition that he would pay the annual premiums thereon, and upon the further condition that he was only to hold the said policy as collateral security, for money expended by him in paying the premium on same, with interest thereon. In paragraph 4 the complaint alleges that A. T. Rion, on the 31st October, 1891, assigned the said policy to the defendant, upon condition that he would pay the annual premiums, and upon further agree
The defendant denies the allegations contained in the third and fourth paragraphs of the complaint, and alleges that the assignment from Rentz to Rion was absolute and not conditional, and denies further that he had any knowledge of the alleged conditions upon which the policy was assigned to Rion. He further alleges that the policy was thereafter assigned to him by Rion as collateral security for all the indebtedness due him by Rion. The defendant admits collecting the money on the policy of insurance, and alleges that it was applied toward extinguishing the indebtedness of Rion to him. The jury rendered a verdict in favor of the plaintiff for $5,336.42.
The fifth exception is as follows: “5. Because his Honor erred in admitting, under objection, the witness, A. T. Rion, to testify: T do not recollect, except it was for the first premium, and I asked him to pay the second;’ whereas, he should have held that as much of said evidence as relates to the witness paying the first premium was contrary to the allegata of the complaint.” This is disposed of by what was said in considering the fourth exception.
The seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and nineteenth exceptions were discussed
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.