Rayburn v. . Casualty Co.
Supreme Court of North Carolina
ActioN by S. C. Rayburn against Tbe Pennsylvania Casualty Company, beard by Judge W. B. Gouncill and a jury, at. tbe October Term, 1905, of tbe Superior Court of Ruti-ieb-D'ORD.
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ActioN by S. C. Rayburn against Tbe Pennsylvania Casualty Company, beard by Judge W. B. Gouncill and a jury, at. tbe October Term, 1905, of tbe Superior Court of Ruti-ieb-D'ORD. This, was an action upon a policy issued by defendant to tbe plaintiff, tbe material parts of wbicb are as follows: “In consideration of the agreements herein * * * and tbe payment of an annual premium of $10, tbe Pennsylvania Casualty Company * * * does now agree to pay to Stephen C. Rayburn, * * * by occupation a section foreman on track work, for bodily injuries caused by external, violent and accidental means,…
1Opinion of the Court
Connor, J.,
after stating tire facts: This cause was before us at the February Term, 1905 (138 N. C., 379), at which time several of the questions presented by defendant’s exceptions were considered and decided. Mr. Justice Brown, writing for the unanimous court, there said: “In the absence of fraud, the delivery of an insurance policy is conclusive proof that the contract is completed and is an acknowledgment that the premium was properly paid during good health.” This proposition, with the further one, that in such case the policy takes effect from its date is sustained by the authorities…
2Cases cited8 opinions
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1905
- Jarrett v. . SelfSupreme Court of North Carolina · 1884
- Knapp v. Preferred Mutual Accident Ass'nNew York Supreme Court · 1889
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.
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- Murphy v. Lafayette Mutual Life InsuranceSupreme Court of North Carolina · 1914
- Green v. . Casualty Co.Supreme Court of North Carolina · 1932
- Mid-Continent Life Ins. Co. v. WalkerSupreme Court of Oklahoma · 1926
- Summers v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1935
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