Legal Opinion · Dissent

Brockenbrough v. Mutual Reserve Life Insurance

Supreme Court of North Carolina

Decided November 6, 1907Published

Civil actioN, tried before Peebles, J., and a jury, at October Term, 1906, of the Superior Court of MeckleNbueg-County. Plaintiff moved for judgment upon the facts alleged in the complaint .and admitted in the answer. Motion overruled, and'plaintiff appealed.

1DissentWalKee, J.

The defendant contracted to insure the life of the plaintiff for the benefit of his wife, on 10 March, 1888, for the sum of $5,000, in. consideration of an admission fee, annual dues and death-fund assessments to be levied' from time to time and called mortuary premiums, which were payable at stated intervals, the amount of the premium varying according to the number of death losses, and depending upon the “sum which the executive committee may deem sufficient to meet the existing claims by death” for ’ the period immediately preceding the date of the assessment, but the rate of assessment…

2Cases cited21 opinions

  1. Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
  2. Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
  3. Strauss v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1900
  4. State ex rel. Donnelly v. HobeWisconsin Supreme Court · 1900
  5. Bragaw v. Supreme Lodge Knights & Ladies of HonorSupreme Court of North Carolina · 1901

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