Melvin Ex Rel. Melvin v. Piedmont Mutual Life Insurance
Supreme Court of North Carolina
ActioN by the beneficiary to recover on a policy of insurance, tried, on appeal from a justice’s court, before Biggs, Jand a jury, at October Term, 1908, of Cumbekland. At the close of plaintiff’s evidence there was a motion for nonsuit, under the “Hinsdale Act.” Motion overruled, and defendant excepted.
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ActioN by the beneficiary to recover on a policy of insurance, tried, on appeal from a justice’s court, before Biggs, Jand a jury, at October Term, 1908, of Cumbekland. At the close of plaintiff’s evidence there was a motion for nonsuit, under the “Hinsdale Act.” Motion overruled, and defendant excepted. The case was submitted to the jury on issues, as follows: It “Did the insured fraudulently misrepresent his age in the application for the policy.in controversy?” Answer: “No.” 2. “Is the defendant indebted to the plaintiff, and if so, in what amount ?” Answer: “Yes; forty-five dollars, the…
1Opinion of the CourtHoke, J.
The policy declared on contains a stipulation, made a part of the contract of insurance, in terms as follows:
“5. Whenever the insured shall fail to pay the weekly premium on this policy for five weeks, and shall be due five weeks’ premium, all claims on the company are by such arrears forfeited ; but the insured may be reinstated by paying up all back dues, and shall be entitled to full benefits sixty days from date of paying such dues, provided the insured shall be in good health when such dues are paid and for five weeks thereafter.”
'There was evidence showing that on 18 January, 1908, the…
2Cases cited5 opinions
- Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
- Continental Life Insurance v. WilletsMichigan Supreme Court · 1872
- Supreme Lodge Knights of Honor v. OetersSupreme Court of Virginia · 1898
- Freckmann v. Supreme Council of the Royal ArcanumWisconsin Supreme Court · 1897
- Supreme Lodge Knights of Honor v. KeenerCourt of Appeals of Texas · 1894
3Cited by8 opinions
- Clifton v. Mutual Life InsuranceSupreme Court of North Carolina · 1915
- Allen v. National Accident & Health InsuranceSupreme Court of North Carolina · 1939
- Sovereign Camp, W. O. W. v. WallerSupreme Court of Alabama · 1936
- Sovereign Camp, W. O. W. v. LambertSupreme Court of Alabama · 1934
- Nelson v. Mutual Life InsuranceMontana Supreme Court · 1920
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