Taylor v. Security Life & Annuity Co.
Supreme Court of North Carolina
Civil aotioN, tried before Justice, J., and a jury, at April Term, 1907, of tbe Superior’Court of GbaNVILLE Coiinty. This is an action for the recovery of the amount of a policy of insurance on the life of Eranlc L. Taylor, issued by defendant company, payable to plaintiff.
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Civil aotioN, tried before Justice, J., and a jury, at April Term, 1907, of tbe Superior’Court of GbaNVILLE Coiinty. This is an action for the recovery of the amount of a policy of insurance on the life of Eranlc L. Taylor, issued by defendant company, payable to plaintiff. Defendant admitted that the policy issued, that plaintiff was the beneficiary named therein, the death of insured, the insurable interest of plaintiff in his life, and that proof of death had been duly filed. It alleged, by way of defense, that the insured had made false answers in his application to the following…
1Opinion of the Court
CoNNOR, L,
after stating the facts: The learned counsel for defendant pressed the exceptions to the admission of the statement of witnesses, based upon personal knowledge and observation, that insured, at the time of his application, was not intemperate in the use of spirituous liquors. The argument assumes that the testimony comes within the definition of “opinion evidence.” Plaintiff insists that, properly interpreted, it is the statement by the witness of a fact, and not the expression of an opinion. It has been said that, “if the witness had opportunity to know relevant facts himself, and…
2Cases cited5 opinions
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- Insurance Company v. FoleySupreme Court of the United States · 1882
- Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
- State v. Murray.Supreme Court of North Carolina · 1905
3Cited by8 opinions
- Wade v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1908
- State v. . JessupSupreme Court of North Carolina · 1922
- Lookabill v. ReganSupreme Court of North Carolina · 1957
- Daniel v. . DixonSupreme Court of North Carolina · 1913
- Carruthers v. . R. R.Supreme Court of North Carolina · 1940
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