Graham v. Mutual Life Insurance
Supreme Court of North Carolina
Action tried before Bond, J., at May Term, Í918, of Ohangb. The court, at conclusion of the evidence, rendered the following judgment : “This cause coming on to be heard, all parties being before the court, upon consideration of the pleadings and the relief demanded, it appears the defendant company now and at all times had admitted the rights of the plaintiff to be exactly as provided in the policy issued, and plaintiff claims the right to certain additional relief not…
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Action tried before Bond, J., at May Term, Í918, of Ohangb. The court, at conclusion of the evidence, rendered the following judgment : “This cause coming on to be heard, all parties being before the court, upon consideration of the pleadings and the relief demanded, it appears the defendant company now and at all times had admitted the rights of the plaintiff to be exactly as provided in the policy issued, and plaintiff claims the right to certain additional relief not provided for by the terms of the written policy, but based on a paper not attached to or referred to in said policy, but…
1Opinion of the CourtBeown, J.
The basis of this action is an insurance policy, denominated a guaranteed, compound interest, gold bond, limited payment, dated 6 November, 1901, maturing in fifteen years, and issued upon the life of plaintiff. The specific relief demanded is “That the guaranteed cash value of the policy may be surrendered to purchase a paid-up participating gold-coin policy for $10,000, and that the company pay thereon an annuity for her life from 6 November, 1915, equal to 3 per cent, or $300, and that the surplus, as apportioned, be paid in gold coin; that if necessary, the policy be reformed to include…
2Cases cited7 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Setzer v. OLD REPUBLIC LIFE INSURANCE COMPANYSupreme Court of North Carolina · 1962
- Burton v. Life & Casualty InsuranceSupreme Court of North Carolina · 1930
- Textile Insurance v. LambethSupreme Court of North Carolina · 1959
- Distributing Corp. v. . Indemnity Co.Supreme Court of North Carolina · 1944
- Textile Insurance Company v. LambethSupreme Court of North Carolina · 1959
16 more not listed; retrieve them via the Exa API.