Carpenter v. American Accident Co.

Citations

• 46 S.C. 541
• 24 S.E. 500
• 1896 S.C. LEXIS 78

Syllabus

<p>1. Cause of Action — Contract—Jurisdiction.—Code.—A cause of action on a contract with a foreign corporation arises at the place of performance, upon refusal of performance there, and the court at such place has jurisdiction of the action based on such delict, whether the parties reside in its jurisdiction or not. Code, sec. 423.</p> <p>2. Nonsuit — Waiver—Defense.—It is proper to refuse a nonsuit to a defendant insurance company upon the ground that sworn proof of. death was not forwarded within thirty days, because that is a matter of defense, and the plaintiff has the right to show waiver of such condition, if he can.</p> <p>3. Charge — Contributory Negligence. — -The charge of the Circuit Judge upon the question of contributory negligence in this case, taken as a whole, in view of the issues involved, is not erroneous.</p> <p>4. Contributory Negligence. — If the unnecessary danger be such as a reasonable, prudent man ought to have known, and he voluntarily goes into it, it would be-voluntary exposure to unnecessary danger.</p> <p>5. Agent — Classification—Estoppel.—An insurance company cannot plead wrong classification, if its agent knew the facts and suggested the answers to the questions, and in so doing acted within the scope of the agency.</p> <p>6. Exception. — An exception imputing error to the Circuit Judge “in charging the jury in respect to matters of fact, whereby he indicates to the jury his opinion, that the plaintiff was entitled to a verdict,” is too general for consideration.</p>