Roach v. Kentucky Mutual Security Fund Co.

Citations

• 28 S.C. 431
• 6 S.E. 286
• 1888 S.C. LEXIS 68

Syllabus

<p>1. Upon the point being made that plaintiff in his opening argument should fully disclose his case, the trial judge properly read the rule of court upon the subject, and directed plaintiff to comply therewith.</p> <p>2. An insurance company issued a circular letter to one of its members proposing to transfer his insurance to defendant company, and inclosing blank application for transfer, which was filled out and forwarded to defendant, who sent back a policy. In action on this policy the circular letter was admissible in evidence as part of the res gestae.</p> <p>3. In action on a policy of insurance defendant company in its answer alleged that false statements were contained in the application for insurance, which was made a part of the contract. Held, that the onus was on defendant to show what the application contained, and until it was introduced in evidence by defendant, plaintiff was not called upon to prove the truth of the statements therein contained.</p> <p>4. Where the judge charged the jury that the plaintiff could not recover unless certain statements made in his application for insurance were true, it matters not to defendant whether such statements were warranties or were merely representations.</p> <p>5. A complaint on an insurance policy alleged that the assured had performed all of its conditions, and the answer alleged three breaches. Held, that the only issues raised by the answer were as to said three breaches, and that plaintiff was not bound to offer proof as to any others.</p>