Hunter v. . Scott
Supreme Court of North Carolina
Civil action, heard upon caso agreed at Fall Term, 1890, of Alamance Superior Court, MacRcte,presiding. The action was brought by the children of Cornelia Blunter, deceased, against her administrator, and others claiming as assignees, to recover the amount collected by the administrator on a policy of insurance issued by the Valley Mutual Life Association of Virginia. Judgment was given for defendants, and plaintiffs appealed.
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Civil action, heard upon caso agreed at Fall Term, 1890, of Alamance Superior Court, MacRcte,presiding. The action was brought by the children of Cornelia Blunter, deceased, against her administrator, and others claiming as assignees, to recover the amount collected by the administrator on a policy of insurance issued by the Valley Mutual Life Association of Virginia. Judgment was given for defendants, and plaintiffs appealed. The other material facts are stated in the opinion.
1Opinion of the Court
Clark, J.:
The application for insurance specified as the proposed beneficiaries the wife of the applicant “for herself and children.” The policy as issued designated the wife and “her personal representatives and assigns” as the beneficiaries. The policy was received by the insured without objection, was acted upon by both parties, and the premiums regularly paid thereon.
The only question presented is whether the beneficiaries of the policy are those named in the policy itself, or those named in the application.
If A writes a letter to B making an itemized proposal, and B replies accepting the…
2Cited by6 opinions
- Ogletree v. HutchinsonSupreme Court of Georgia · 1906
- State v. . EavesSupreme Court of North Carolina · 1890
- American Nat. Ins. v. ScottCourt of Appeals of Texas · 1924
- Bartley v. SummersSupreme Court of Oklahoma · 1940
- Horning v. LindsayCourt of Appeals for the D.C. Circuit · 1948
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