Mutual Life Insurance v. Leaksville Woolen Mills
Supreme Court of North Carolina
Two civil- actions consolidated and tried as one at February Term, 1916, of Superior Court of KocKingham, before 'Webb, J., upon these issues: 1. Did J. Sanford Patterson represent in bis application for tbe insurance policies sued on tbat be bad bad no illnesses, diseases, injuries, or surgical operations since cbildbood, except fracture of tbe femur in 1885 ? Answer: “Yes.” 2. Was tbe said representation true? Answer: “No.” 3. Did said J. Sanford Patterson represent in bis…
Read the full summary
Two civil- actions consolidated and tried as one at February Term, 1916, of Superior Court of KocKingham, before 'Webb, J., upon these issues: 1. Did J. Sanford Patterson represent in bis application for tbe insurance policies sued on tbat be bad bad no illnesses, diseases, injuries, or surgical operations since cbildbood, except fracture of tbe femur in 1885 ? Answer: “Yes.” 2. Was tbe said representation true? Answer: “No.” 3. Did said J. Sanford Patterson represent in bis application for tbe insurance policies sued on tbat be bad not been prescribed for or treated by or bad consulted any…
1Opinion of the CourtBeown, J.
The purpose of the action is to cancel two policies of insurance issued by plaintiff upon the life of James S. Patterson, one for the benefit of his estate and the other for the Leaksville Woolen Mills.
The principal question- presented upon this appeal relates to the effect of the statements made by the insured in his applications for the insurance. It is contended that these statements constituted a part of the contract, were material to the risk, and, being untrue, void the policies.
The defendants excepted to the issues and tendered others. It is well settled that the discretion of a trial…
2Cases cited19 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Aetna Life Insurance v. MooreSupreme Court of the United States · 1913
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Fountain & Herrington, Inc. v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1932
- Tolbert v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1952
- Thomas-Yelverton Co. v. State Capital Life InsuranceSupreme Court of North Carolina · 1953
- McSweeney v. Prudential Ins. Co. of AmericaCourt of Appeals for the Fourth Circuit · 1942
- Equitable Life Assurance Society of the United States v. AshbySupreme Court of North Carolina · 1939
20 more not listed; retrieve them via the Exa API.