Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-05-28
An INSURANCE MUDDLE.


AS attorney for Mr.. and Mrs. c. s..
Duncan, J. s. Brice, Esq, has thrown
bombshell into the camp Of the off,
GERS and members of the United Mu-
tual Life Insurance Company OF South
Carolina. This bombshell Is In the ma
| ture of O suit commenced last Friday
to compel the officers and members OF
the company named to pay Mr.. and
Mrs. Duncan the sum Of $1,000, alleged
to be due on a life insurance policy is-
sued to their son in December last.
The Loan and Savings bank of York
willie is also made a defendant to the
suit to the extent that the plaintins
desire 1t to be restrained from paying
out any funds that may have been de-
posted therein by the other defend-
ants. The complaint in the case Is as
follows:
7. That at the times hereinafter
mentioned, the defendants John u.
NeeIy, w. H. Herndon, Jas. A. Jackson
Perry Ferguson and John F. smith, To-
eether with a large number or otner
persons too numerous to mention, anu
whose names are unknown to plant
| ifs, were and still are co-partners IN
trade, doing business as LIE lnsur.
ance company, under the firm name Oh
the United Mutual Life insurance
Company Of South Carolina:
III. That on or about the 11th day OF
lDecember. 1901, the defendant, John q.
Neely, representing himself to be the
agent of the said The United Mutual
Life Insurance Company Of South Car
olina, and representing the said COM
pany as chartered and in splendid con-
dition financially, induced and per
suaded James Duncan to insure his lie
| in said company, for the sum or one
thousand dollars, for and in consider
alton Of the sum Of $375 as an applica-
ton fee, and for and in consideration
of his agreeing to pay the future Iees
and assessments levied upon him. Ana
on the said 18th day Of December, 19ol,
the said James Duncan paid the said
John G. Neely the sum of $3.75 for SAID
policy of insurance. And on or about
the 23rd day of December, 1901, the
said John G. Neely caused a printed
form Of insurance policy to be issued
to the said James Duncan whereby MS
life was insured in said company ror
the sum Of one thousand dollars and
agreed to pay said sum under the
terms Of said policy upon the death
of the said James Duncan to the pla1nt-
ifs. C.. S. Duncan and Mrs. G. s. Dun
can, the parents of the said James
Duncan. A copy of said insurance pol
Icy so issued and delivered to the said
James Duncan Is hereto attached,
marked exhibit "a" and made a part
of this paragraph Of plaintiffs COM
plaint.
III. That said policy Of insurance Is
upon a printed form and has the ap-
pearance Of being genuine, and under
the representations and statements
made by the defendant, John G. Nicely,
the said James Duncan was deceived
and made to believe that said pretend
ed insurance company was In fact
corporation Of this state and had
large amount Of capital not only in
this state but in the state Of New
York, and for and in consideration of
the 1915 paid by the said James Dun
can to the said John G. Nicely and OF
the said James Duncan agreeing to pay
the future expenses and costs Incurred
by said company, the said John G..
Neely as agent for the said pretended
company, caused the above mentioned
insurance policy to be issued and de-
livered to the said James Duncan and
thereby insured his life in the sum Of
one thousand dollars, payable to the
plaintiffs herein.
| Nv. That the said James Duncan
we'll and truly performed all the du-
ties required of him and paid said pre-
MUM and all assessments required OF
him and honestly believed that his life
was insured in bona f1de life insur-
ance company.
V. That on the - day Of Februa-
ry. 1902 in the town of 'Yorkville, In
the county and state aforesaid, the
said James Duncan died. and the
plaintiffs have furnished the said John
G. Neely with the proofs of his death
and otherwise performed all the condi-
tions required Of them and have time
and again demanded the said life in
surance money due under the terms Of
said policy from the defendants, but
the defendants have not paid the same
nor any part thereof.
VI. That The United Mutual Life
Insurance Company Of South Carolina.
Is not incorporated under the laws Of
this state. but Is composed Of the de-