The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-03-08
OPINIONS BY SUPREME COURT.
New Trial I'm Case Against Insurance
Company.

Atlantic states insurance Company,
the Supreme Court today decided a
case involving an alleged fraud In an
insurance policy. The decision is by
Justice Eugene B. Garry and Is con-
CURED in by all the Justices save
Justice c. A. Woods. who filed a dis
senting opinion.
The case involved an insurance pol
Icy OF $4,000 and was brought by the
executors under unusual circmstan-
ces.
There are certain questions In the
insurance policy relative to the health
OF the insured that 1t Is necessary to
answer and after these questions had
been answered the insured signed a
statement that the answers were true.
| One Of the questions was: State all
diseases you have had during the past
five years that have required medical
or surgical treatment" Answer:
NO"
The same was true Of other ques-
tions asked. Joseph b. Huestess. of
Bennettsville. being the insured.
The insurance company then. after
the death OF Huestess. six months at
ter the policy was issued, declared
that the statements were untrue and
that the contract was made under
fraud.
| After hearing testimony, the Judge
directed a verdict for the defendant
company From this an appeal was
taken. The Circuit Judges decree
made 1t unnecessary for the insurance
company to pay the face value of the
policy. The Supreme Court reverses
this and the case goes back for a new
trial.
Some interesting matters were
brought out at the trial. 1t was prov
ed that Mr.. Huestess had been i'll for
several years. suffering with kidney
trouble. AS a matter OF fact, he died
August Q. 1908, the insurance policy
having been taken out in November
1907. Mr.. Huestess died of Bright's
disease.
| The insurance agent, 1t was proved
at the trial, had told Mr.. Huestess
that 1t made no difference IL he had
been refused insurance before in 9TH
er companies. that he would like for
that particular company's doctor to
examine him.
After the examination Mr.. Hues-
tees was allowed 20 take ou. tho ~
surance. although, according TO some
OK the testimony. he had warned the
agent tnat ne had been under treat
ment However. the statements were
an the policy that ne had not been
| sick. etc.
The Supreme Court reverses the
Circuit Courts rulings In several par
ticulars. One Of them Is that the
question Of whether or not Mr..
Huestess was guilty OF conscious
fraud should have been submitted to
| the jury.
The Supreme Court also reviews the
statements that the agent told Mr..
Huestess that he had just got some
one In North Carolina to take out in
surance after that person had been
turned down in other companies.
| The Court reverses the Circuit
Judge. except that Justice Woods In
a dissenting opinion. says that under
the decisions the Circit Judge was
right In directing the verdict. The
case goes back therefore for a new
trial.
Or interest especially because the
defendant company Is a South Caro-
line railroad, Is the case Of T. Parker
Brown against the Northwestern
railroad Company. of South Carolina,
decision In which was handled down
today by Justice Eugene B. Gary.
The plaintiff secured a $3.50 verdict
for damage to his lands on account Of
overfiowing by the defendant COM
| pany.
The exceptions are only Of legal
interest and the verdict Of the Circuit
Court is affirmed.
Justice c. A. Woods files a dissent
ing opinion on the ground that there
was no evidence OF wilfulness or wan
toness. and the Judge should have
charged that punitive damages could
not be recovered.
The same question was involved In
the case OF T.. j. Touchberry against
the same railroad. The verdict in
this case was $500 for the plaintiff
| MIR. TOuchberry will pet bis ,,,ono,, o.