Thompson v. Equitable Life Assur. Society of the U.S.

• Decision Date: 28 May 1913
• Citation: 78 S.E. 439,95 S.C. 16
• Parties: THOMPSON v. EQUITABLE LIFE ASSUR. SOCIETY OF THE UNITED STATES.
• Court: South Carolina Supreme Court

78 S.E. 439

95 S.C. 16

THOMPSON v. EQUITABLE LIFE ASSUR. SOCIETY OF THE UNITED STATES.

Supreme Court of South Carolina

May 28, 1913

Appeal from Common Pleas Circuit Court of Richland County; Thos. H Spain, Judge.

"To be officially reported."

Melton & Belser and R. E. Carwile, all of Columbia, for appellant. Frank G. Tompkins, of Columbia, for respondent.

GARY C.J.

This is an action on a policy of life insurance. By consent of the parties to the action, his honor the circuit judge heard the case without a jury, and rendered judgment in favor of the plaintiff, for the amount of the policy, whereupon the defendant appealed.

The circuit judge thus stated the facts: " This is an action brought for the purpose of recovering $1,000 on an insurance policy and for all additional sums due thereon. The complaint alleges that the insured, Joseph J. Thompson assigned the policy to his brother, Richard A. Thompson, as beneficiary thereof or as assignee; that the said Joseph J Thompson is dead; and that his brother, Richard A. Thompson is entitled to recover the money due under the policy. The defendant admits that the policy was delivered to the said Joseph J. Thompson, and that he is dead; admits that the policy was indorsed, as required by said policy, to Richard A. Thompson, but contends that it was done through misapprehension of its officers, as the policy did not reach them before the death of the said Joseph J. Thompson; admits that they retained possession of the said policy, for the benefit of the person or persons entitled thereto. I find the following facts: That the defendant insured the life of Joseph J. Thompson for the sum of $1,000, and that the policy was duly delivered to him, and that the money was made payable to the executors, administrators, or assigns of the said Joseph J. Thompson, and the policy contained the following provisions: 'Promises to pay at the home office of the society, in the city of New York, to Joseph J. Thompson, of Georgetown, county of Georgetown, state of South Carolina, herein called the insured, on the twenty-ninth day of December, nineteen hundred and twenty-eight, if the insured be then living, or upon receipt at the said home office of due proof of the prior death of the insured, to the executors, administrators, or assigns, of said Joseph J. Thompson, beneficiary, with the right of revocation, one thousand dollars, less any indebtedness thereon to the society and any unpaid portion of the premium for the current year, upon surrender of this policy properly receipted. Change of Beneficiary.--When the right of revocation has been reserved, or in the case of the death of any beneficiary under either a revocable or irrevocable designation, the insured, if there be no existing assignment of the policy, made as herein provided, may, while the policy is in force, designate a new beneficiary with or without reserving right of revocation by filing written notice thereof at the home office of the society, accompanied by the policy for suitable indorsement thereon. Such change shall take effect upon the indorsement of the same on the policy by the society. If any beneficiary shall die before the insured, the interest of such beneficiary shall vest in the insured. No assignment of this policy shall be binding upon the society unless it be filed with the society at its home office. The society assumes no responsibility as to the validity of any assignment.' That on the 18th day of August, 1910, Joseph J. Thompson delivered said policy to his brother, Richard A. Thompson, along with the following paper: 'Declaration. Georgetown, S. C., August 18, 1910. The Equitable Life Assurance Society of the United States of America, New York, N.Y. --Gentlemen: Policy No. 1580047, $1,000.00, J. J. Thompson. I hereby and herewith authorize and request you to assign the above policy No. 1580047, issued in my name on the 29th day of December, 1908, to my brother, Richard A. Thompson, as the sole beneficiary in the event of my death. His address is Georgetown, South Carolina. Witness my hand and seal this 18th day of August, A. D. 1910. Joseph J. Thompson. Witnesses: St. J. Tucker. T. B. Dennison.' That in accordance with instructions, the said policy and request were mailed to the defendant, and they reached the said home office on the 22d of August, 1910. That on the 19th day of August, 1910, the said insured died, and on the 24th day of August, 1910, the name of...