Legal Opinion

Rayburn v. . Casualty Co.

Supreme Court of North Carolina

Decided May 16, 1905PublishedCited by 30 opinions

ActioN by S. C. Rayburn against Pennsylvania Casualty Company, beard by Judge Walter H. Neal and a jury, at tbe November Term, 1904, of the Superior Court of Ruth-eefoed County. From a judgment of nonsuit, the plaintiff appealed.

1Opinion of the CourtBrown, J.

The motion of the defendant to amend the transcript of appeal by inserting the amended answer is allowed, and the appeal has been considered and determined by us with the amended answer in.

The action is brought to recover upon an accident policy issued by the defendant to the plaintiff and dated.October 23, 1901. The plaintiff was injured on October 27, 1901.

The plaintiff testified that he made due application in usual form through Mills, the defendant’s agent, for the policy on October 21, 1901, and at that time offered to pay the premium. Mills refused the money and said that was not the…

2Cases cited4 opinions

  1. Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
  2. The" Wanata"Supreme Court of the United States · 1877
  3. Grier v. Mutual Life Insurance Co. of New YorkSupreme Court of North Carolina · 1903
  4. Davis v. . CallowaySupreme Court of North Carolina · 1875

3Cited by30 opinions

  1. Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
  2. Waters v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
  3. National Life Insurance v. GradySupreme Court of North Carolina · 1923
  4. McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
  5. Britton v. . Insurance Co.Supreme Court of North Carolina · 1914

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