Albert v. Mutual Life Insurance
Supreme Court of North Carolina
Civil action to recover the amount of an insurance policy upon the life of Margaret Ann Gardner and payable to the plaintiff, Mary 0. Albert, her step-daughter, tried before Bryan, J., and a jury at May Term, 1897. of Beaufort Superior Court. There was a verdict for the plaintiff and defendant appealed, assigning numerous errors. The facts necessary to an understanding of the opinion are set out therein.
1Opinion of the Court
Douglas, J.:
This is an action brought, on a policy of insurance issued upon the life of Margaret A. Gardner, who was the step-mother of the feme, plaintiff, to whom the policy was payable on its face. The insured died within two months after the issuance of the policy, and the defendant refuses to pay the same, alleging that the plaintiff hushaud had paid the premium and that.as neither of the plaintiffs had any insurable interest in the policy, it was void as a wagering contract.
The jury, as instructed by the Court, found that the plaintiffs had no insurable interest; but the> also found…
2Cases cited4 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Burbage v. . WindleySupreme Court of North Carolina · 1891
- Trinity College v. Travelers Insurance Co. of HartfordSupreme Court of North Carolina · 1893
3Cited by23 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- State v. . StancillSupreme Court of North Carolina · 1919
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Hess' Admr. v. SegenfelterCourt of Appeals of Kentucky · 1907
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
18 more not listed; retrieve them via the Exa API.