McMillan v. General American Life Ins. Co.
Decision Date | 22 May 1940 |
Docket Number | 15090. |
Parties | McMILLAN v. GENERAL AMERICAN LIFE INS. CO. |
Court | South Carolina Supreme Court |
As Amended on Denial of Rehearing June 29, 1940.
Thomas Cain & Black, of Columbia, and Grier, McDonald & Todd, of Greenwood, for appellant.
W H. Nicholson and W. R. Dunn, both of Greenwood, for respondent.
This action is brought to recover on a policy of insurance issued by the appellant on the life of Thomas C. McMillan, with his wife, Mrs. Dona Mae McMillan, as beneficiary.
The complaint alleges the issuance of the policy; the death of Thomas C. McMillan; that due proof of his death was furnished the appellant and demand made for payment, which was refused.
For answer, the defendant admits its corporate capacity; the issuance of the policy; that Thomas C. McMillan died on or about October 21, 1938.
For further answer, it alleged that the policy was issued pursuant to its terms, stipulations and conditions, which is the contract between the parties; that a provision of the policy is thus stated in it: "In the event of a member's self destruction, sane or insane, within one year from the date on which his insurance hereunder became effective, the liability of the Company shall be limited to an amount equal to the premiums paid on his insurance."
It further alleged on information and belief that the death of the said Thomas C. McMillan was brought about through self destruction on the 21st day of October, 1938, hence, the only liability which exists against the defendant is a return of the premiums paid on the insurance, which has been tendered and refused, but defendant brings the money into Court and offers plaintiff may take judgment for that amount, to wit, seventeen and 66/100 dollars, premium and interest. Defendant denies each allegation of the complaint not herein admitted.
The case came on for trial before Judge Thomas S. Sease and a jury, at the October, 1939, term of the Court of Common Pleas for Greenwood County, and resulted in a verdict for plaintiff in the sum of two thousand dollars. From the judgment entered on this verdict, the defendant appeals.
At the trial, plaintiff's attorney introduced in evidence the original certificate of insurance, issued by defendant under group policy No. IN204164, and rested his case. Defendant offered a copy (by agreement) of group policy No. IN204164, with amendments and other papers attached, and then called Major Roy L. Cecil, who, being sworn, testified. For the present we content ourselves with saying that from the testimony of Major Cecil and Sheriff L. H. Harling it appears that: Thomas C. McMillan was engaged and employed under Major Cecil in the Internal Revenue Service of the United States, with headquarters at Greenwood, S. C. Their duties related to the investigation pertaining to the transportation and sale of non-tax paid whiskey, and to investigate the setting up and operating of fermenting machinery for the manufacture of illicit whiskey, and other investigations pertaining to taxes in the Internal Revenue Service, relative to whiskey. They carried pistols when they were at work. Mr. McMillan went to the Veterans' Hospital in Mississippi the last of September, 1938, and returned the evening of October 19, 1938, and reported to work.
On cross-examination by Mr. Nicholson: ...
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