Jefferson v. Coastal Life Ins. Co.

Supreme Court of South Carolina

Jefferson v. Coastal Life Ins. Co.

117 S.E. 721, 124 S.C. 495, 1923 S.C. LEXIS 147

CourtSupreme Court of South Carolina

DecidedMay 31, 1923

Docket11247

StatusPublished

This text of 117 S.E. 721 (Jefferson v. Coastal Life Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jefferson v. Coastal Life Ins. Co., 117 S.E. 721, 124 S.C. 495, 1923 S.C. LEXIS 147 (S.C. 1923).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action upon a. life insurance policy issued May 11, 1922, upon the life of Nat Jefferson, payable to his son, Godfrey Jefferson, $175 if the insured lived beyond six months from the date of the policy, and one half of $175 otherwise. The insured died within six months and the beneficiary sued upon the policy before a magistrate for $87.50.

The defense was that the beneficiary who applied for the policy had made misrepresentations as to the health of the insured and as to other matters material to the risk._

The magistrate tried the case without a jury upon evidence submitted by both sides, and found for the plaintiff. Upon appeal to the circuit court the judgment was affirmed. The defense rested upon issues of fact which have been decided by the magistrate and confirmed by the Circuit Judge. This court is without jurisdiction to review them. Saunders v. R. Co., 90 S. C., 79; 72 S. E., 637. Waring v. Jennings, 91 S. C., 426; 74 S. E., 987. Matthews v. Lumber Co., 91 S. C., 568; 75 S. E., 170; 45 L. R. A., (N. S.), 644; Ann. Cas. 1914A, 45. Flowers v. R. Co., 93 S. C., 80; 76 S. E., 32. Let the decree of the Circuit Judge appear in the record.

The judgment of this Court is that the judgment of the Circuit Court be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action upon a. life insurance policy issued May 11, 1922, upon the life of Nat Jefferson, payable to his son, Godfrey Jefferson, $175 if the insured lived beyond six months from the date of the policy, and one half of $175 otherwise. The insured died within six months and the beneficiary sued upon the policy before a magistrate for $87.50.

The defense was that the beneficiary who applied for the policy had made misrepresentations as to the health of the insured and as to other matters material to the risk._

The magistrate tried the case without a jury upon evidence submitted by both sides, and found for the plaintiff. Upon appeal to the circuit court the judgment was affirmed. The defense rested upon issues of fact which have been decided by the magistrate and confirmed by the Circuit Judge. This court is without jurisdiction to review them. Saunders v. R. Co., 90 S. C., 79; 72 S. E., 637. Waring v. Jennings, 91 S. C., 426; 74 S. E., 987. Matthews v. Lumber Co., 91 S. C., 568; 75 S. E., 170; 45 L. R. A., (N. S.), 644; Ann. Cas. 1914A, 45. Flowers v. R. Co., 93 S. C., 80; 76 S. E., 32. Let the decree of the Circuit Judge appear in the record.

The judgment of this Court is that the judgment of the Circuit Court be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

117 S.E. 721, 124 S.C. 495, 1923 S.C. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-v-coastal-life-ins-co-sc-1923.

Opinion

Related

Cite This Page — Counsel Stack