Bank v. North Carolina Mutual Life Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Baker.

This is an action for the fraudulent breach of an insurance contract.

The transcript of record is most confusing.

Paragraphs 2 and 3 of respondent’s complaint are as follows :

“2. That on or about March 26, 1928, the defendant, in consideration of a weekly premium, issued to Hettie Pittman a policy of insurance on her life in the sum of Seventy-five dollars, ($75.00), wherein and whereby they agreed to pay to the named beneficiary the sum of Seventy-five dollars ($75.00), on death of the said Hettie Pittman.

“3. That on or about…