Singleton v. Progressive Ben. Ass'n

• Decision Date: 09 August 1907
• Citation: 58 S.E. 609,77 S. C. 631
• Parties: SINGLETON. v. PROGRESSIVE BEN. ASS'N.
• Court: South Carolina Supreme Court

58 S.E. 609

(77 S. C. 631)

SINGLETON.

v.PROGRESSIVE BEN. ASS'N.

Supreme Court of South Carolina.

Aug. 9, 1907.

Insurance—Benefit Association — Forfeiture—Waiver.

A provision in a certificate of a benefit association that on the failure of the holder of the certificate to pay his dues for four weeks he will become "nonfinancial in case of death, and those failing to pay their dues for three weeks will become nonfinancial in case of sickness and not entitled to any benefit for thirty days after such dues have been paid, " and that when any person shall be in arrears for four weeks the certificate shall be null and void, but he may be reinstated by paying a regular initiation fee and presenting a doctor's certificate, means that a member who is four weeks in arrears in dues forfeits his certificate, but such forfeiture may be waived by the association accepting dues thereafter.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 28, Insurance, § 1909.]

Appeal from Common Pleas Circuit Court of Charleston County; R. O. Purdy, Judge.

Action by Ella Singleton against the Progressive Benefit Association. From an order affirming a judgment of a magistrate's court in favor of plaintiff, defendant appeals. Affirmed.

Jno. A. Gllliland and Jno. B. Edwards, for appellant.

Nathans & Sinkler, for respondent.

POPE, C. J. This action was brought in the court of D. J. Baker, judicial magistrate for Charleston county, by the plaintiff, Ella Singleton, against the defendant association, to recover a benefit of $40 alleged to be due her on a certificate issued to her husband, Jeremiah Singleton, on the 12th day of September, 1904. The complaint alleged Jeremiah's death and the fulfillment of all the conditions of the certificate. In order to relieve itself from liability under paragraph 6 of the conditions printed on the certificate, defendant introduced plaintiff's receipt book in evidence, which showed that from April 21st to May 26th, prior to Jeremiah's death on June 3, 1906, no payment had been made on dues. Plaintiff alleged waiver of the forfeiture by the association in receiving pay for four weeks on the 26th of May. The defendant then took the position that under the section above referred to it was optional with the association either to declare a forfeiture or to allow the delinquent member to make up arrears, on condition that, in case of death within 30 days, no benefit should be recovered. The magistrate found for the plaintiff the full amount claimed, and on appeal to the circuit court Judge R. O. Purdy, in a decree of November 17, 1906. affirmed the finding. The defendant now appeals to this court, alleging error on the part of the circuit court in holding that the forfeiture had been waived.

Section 6, relied on by the appellant, is as follows: "Persons failing to pay their duties for four weeks will become nonfinancial in case of death, and those failing to pay their dues for three weeks will become nonfinancial in case of sickness, and not entitled to any benefit for...