Gardner v. North State Mutual Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from. Cline, J., at April Term, 1913, of Edgecombe. This is an action to recover the amount of an insurance policy, alleged to have been issued by the defendant in March, 1912, on the life of John B. Gardner, in favor of the plaintiff, who was his wife.
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Appeal by plaintiff from. Cline, J., at April Term, 1913, of Edgecombe. This is an action to recover the amount of an insurance policy, alleged to have been issued by the defendant in March, 1912, on the life of John B. Gardner, in favor of the plaintiff, who was his wife. John B. Gardner died in March, 1912, shortly after he made his application for insurance, and the policy was delivered to him by defendant’s local agent during his last illness, he being then sick with typhoid fever, which caused his death. The application contained a representation by him that he had not been intimately…
1Opinion of the CourtWalKER, J.
This ease has not been tried upon the real and decisive issue raised by the pleadings, but we will consider this question presently and in its order. A careful review of the evidence, the course of the trial, and development of the case, the charge of the court and the issues, leads us to conclude that the jury disobeyed the instructions upon the sixth issue, and it may be clearly inferred that the trial judge set aside the verdict as to the sixth and seventh issues because of this fact. The jury were charged that, if it was found from the evidence the representation in the application…
2Cases cited16 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Grier v. Mutual Life Insurance Co. of New YorkSupreme Court of North Carolina · 1903
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Western & Southern Life Insurance v. ValeIndiana Supreme Court · 1938
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- 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
51 more not listed; retrieve them via the Exa API.