Carson v. National Life Insurance
Supreme Court of North Carolina
Appeal from Cline, J., at September Term, 1912, of Pitt. Civil action to recover on a life insurance policy. Tbe policy, in tbe sum of $1,000, was issued by tbe company on tbe life of one David A. Briley for tbe benefit of bis son George.
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Appeal from Cline, J., at September Term, 1912, of Pitt. Civil action to recover on a life insurance policy. Tbe policy, in tbe sum of $1,000, was issued by tbe company on tbe life of one David A. Briley for tbe benefit of bis son George. David 'having died, tbe suit was instituted by plaintiff, claiming to be tbe owner under an absolute assignment from botb David A., tbe assured, and George, tbe beneficiary, evidenced by written contract in terms as follows: Absolute Assignment, with Power of Attorney. (Duplicate.) In consideration of tbe sum of $1 and of other valuable considerations to me…
1Opinion of the Court
Hoke, J.,
after stating the case: As a general rule, one who subscribes his name to a written contract at the place usual for obligors in such a paper is bound by its terms as a written agreement, though his name may not so appear in the body of the instrument (9 Cyc., p. 301), the test being, whether on perusal of the entire instrument and without the aid of extrinsic evidence it plainly appears that such signer intended to execute it and be bound by its terms. Clark v. Rawson, 2 N. Y., 135 (Denio, vol. 2); Perkins v. Goodman, 21 (Bar.) N. Y., 218; Ex parte Fulton, 7 Cowen (N. Y.), 484;…
2Cases cited18 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Brick v. BrickSupreme Court of the United States · 1879
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Typewriter Co. v. . Hardware Co.Supreme Court of North Carolina · 1906
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3Cited by3 opinions
- Hardin v. Liverpool & London & Globe InsuranceSupreme Court of North Carolina · 1925
- Carson v. National Life InsuranceSupreme Court of North Carolina · 1914
- Brown v. New York Life Ins. Co.District Court, W.D. South Carolina · 1938