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GARDNER v. MUT. BEN. HEALTH & AC. ASSOC.

16928

226 S.C. 219 (1954)

84 S.E.2d 637

SIMEON H. GARDNER, Respondent, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Appellant.

Supreme Court of South Carolina.

November 12, 1954.

Attorney(s) appearing for the Case

Messrs. Herbert & Dial, of Columbia, for Appellant.

Messrs. Leppard & Leppard and Turner Clayton, of Chesterfield, for Respondent.

November 12, 1954.

TAYLOR, Justice.

This appeal comes from the Court of Common Pleas for Chesterfield County wherein the Presiding Judge refused to strike Paragraphs III, IX, X, and XXII of respondent's complaint on the ground that there is no allegation of any facts alleged to have been represented by defendant's agent which were false or any allegation that plaintiff suffered injury or damage through said alleged...

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