Page v. North Carolina Mut. Life Ins.

Mr. Associate Justice Fishburne

delivered the unanimous Opinion of the Court.

The appeal is from an order of the Circuit Court disallowing an amendment to defendant’s answer, and granting judgment upon the pleadings in favor of the plaintiff.

The action was brought in October, 1942, by the plaintiff, as beneficiary, under an insurance policy issued by the defendant on the life of Dorothy Lee Page, to recover the amount alleged to be due in the event the insured should die by accident. Liability was predicated upon-the allegation that the insured met her death solely by accidental means directly…