Morrison v. Mutual Benevolent Ass'n

Citations

• 59 S.E. 27
• 78 S.C. 398
• 1907 S.C. LEXIS 240

Syllabus

<p>1. Insurance — Mutual Benevolent Society. — The clause in the certificate of membership herein construed to mean a member who has joined within a year from December 1st forfeits his membership unless he pays his pro rata share of the annual dues due on that day.</p> <p>8. Charge — Request.—A trial Judge may refuse to consider a request not submitted as required by rule 40, and failure to respond to such request raises the presumption it was refused for noncompliance with the rule.</p> <p>3. Insurance — Forfeiture—Waiver.—Husband and wife joined mutual benefit association on same day and gave their joint note for entrance fees. Wife died before note was paid. After death of wife agent notified husband if note was not paid they would be dropped. Note was paid, husband is in good standing and has not paid pro rata of first year’s dues. Held, some evidence of waiver of forfeiture for nonpayment of pro rata of first annual dues.</p>