Parry v. Southeastern Life Ins. Co.

• Decision Date: 23 April 1913
• Citation: 78 S.E. 441,95 S.C. 1
• Parties: PARRY v. SOUTHEASTERN LIFE INS. CO.
• Court: South Carolina Supreme Court

78 S.E. 441

95 S.C. 1

PARRY v. SOUTHEASTERN LIFE INS. CO.

Supreme Court of South Carolina

April 23, 1913

On Rehearing, May 28, 1913.

Appeal from Common Pleas Circuit Court of Newberry County; R. W Memminger, Judge.

Action by Julia O. F. Parry against the Southeastern Life Insurance Company. From a judgment for plaintiff defendant appeals. Reversed, and new trial granted.

Haynsworth & Haynsworth, of Greenville, and Hunt, Hunt & Hunter, of Newberry, for appellant. F. H. Dominick, of Newberry, for respondent.

GARY C.J.

This is an action on a policy of insurance. On the 10th day of March 1907, the defendant issued a policy of insurance on the life of J. W. Parry, wherein his wife, the plaintiff, was named as the beneficiary. One of the conditions contained in the policy was as follows: "Failing to pay when due any renewal premium or installment thereof, or any note or other obligation given as a lien against this policy, will render this contract null and void. ***" The receipt given by the company for the premium contained this clause: "This receipt is subject to the conditions of any and all notes which have been given or may be given for the amount of said premium, or any part thereof." The insured delivered to the company his promissory note whereby he promised to pay three months after the date thereof $23.40, being the premium on said policy, due March 15, 1907. Said policy, including all conditions therein for surrender of continuance as paid-up term policy, to be null and void on the failure to pay said note at maturity." The insured failed to pay said note, and on the 17th of July, 1907, the company wrote the following letter to him: "We are so disappointed at not hearing from you, about your premium note and interest of $23.88 past due since June 1st, that we are inclosing self-addressed stamped envelope for reply from you saying why you have not attended to same. If we can help you by accepting part cash and extending note, or make it easier for you in any other way, please be free to express your views, and we will give your prompt reply." The insured made no response. The case was heard by his honor the presiding judge without a jury, and he found as a fact that "a conclusive case of waiver of forfeiture for nonpayment at maturity of premium note is established," and accordingly rendered judgment in favor of the plaintiff for the amount of the policy, whereupon the defendant appe...