Bost v. Volunteer State Life Ins. Co.
| Decision Date | 26 July 1920 |
| Docket Number | 10470. |
| Parties | BOST v. VOLUNTEER STATE LIFE INS. CO. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Richland County; T. S Sease, Judge.
Suit by Bess Boyd Bost against the Volunteer State Life Insurance Company. From decree for plaintiff, defendant appeals. Judgment reversed.
Thomas & Lumpkin, of Columbia, for appellant.
C. J Kimball and W. N. Graydon, both of Columbia, for respondent.
This is an appeal from Judge Sease's decree, made in two cases heard by him, a jury having been waived.
The suit is on two insurance policies, and the facts are identical in each. The plaintiff claimed full amount in each policy. The defendant claimed that there was a valid cancellation and surrender of these policies, prior to the death of the deceased, the insured, and that no claim can be predicated thereon, and that the insured entered the service of the United States, in the army, in violation of the provisions of the policies, and that by reason thereof the policies are void. The trial judge overruled each defense, and decreed in favor of the plaintiff the full amount of each policy.
After entry of judgment defendant appealed and by exceptions, eight in number, imputes error. The exceptions 1, 2, 3, and 4 question the holding of his honor that the insured, Berry Buford Bost, did not have the right to accept the cash-surrender value of the two policies of insurance, taken out in the defendant company in favor of his mother, Laura H Bost, as sole beneficiary without her consent, and would that bar her interest in the policies, and whether he did accept the cash-surrender value, so as to deprive the sole beneficiary of her rights, under the policies.
The conditions of the policy provide:
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