Lagrone v. Timmerman

Citations

• 46 S.C. 372
• 24 S.E. 290

Syllabus

<p>1. Corporation — Estoppel.—A party taking insurance in a supposed mutual . corporation, under the mistaken representations of the supposed officers that it was a mutual corporation, is not estopped from denying the legal existence of such corporation.</p> <p>2. Charge. — It is not error in a Circuit Judge to fail to instruct the jury upon a point not called to his attention by a request for that purpose.</p> <p>3. Agent — Contract.—If an agent make a contract which he has no authority to make, he is individually liable for such damages as flow from the act, although he does not use falsehood or deceit.</p> <p>4. Corporation.. — A corporation can have no powers except such as are conferred by its charter, either in express terms or by implication, and unless expressly given in its charter, a corporation has no right to form another corporation. Query: Has the legislature the right to delegate such power to a corporation?</p> <p>5. Ibid. — A mutual corporation having no legal existence, can have no members.</p> <p>6. Evidence — Contract.—Parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.</p> <p>1. Constructive Fraud is such as the law infers from the relationship of the parties and from the circumstances by which they are surrounded, and from the negligent performance of some act, or the negligent omission to do something whereby another has been deceived to his prejudice.</p> <p>8. An Exception which does not set forth the request to charge referred to, or the modification complained of, will not be considered.</p> <p>9. Jury — Case Followed. — It is not error in a Circuit Judge to permit a jury to again take under consideration a case after they had once dispersed, thinking they had agreed to a sealed verdict. Following Devereux v. Champion Cotton Press Co14 S. 0., 396.</p> <p>10.Evidence — Corporation.—In this case the by-laws of the Chester association were irrelevant; but if relevant, the construction