Blackman v. Woodmen of the World
Supreme Court of North Carolina
Appeal by defendant from Galvert, J., at February Term, 1922, of JOHNSTON. This was an' action for the recovery of the amount stipulated in a beneficiary insurance certificate payable to the widow of the deceased member. She qualified as administratrix of the estate, but at the trial, by consent, the summons was amended by striking out the word adminis-tratrix, and the suit was prosecuted in her name individually, as beneficiary.
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Appeal by defendant from Galvert, J., at February Term, 1922, of JOHNSTON. This was an' action for the recovery of the amount stipulated in a beneficiary insurance certificate payable to the widow of the deceased member. She qualified as administratrix of the estate, but at the trial, by consent, the summons was amended by striking out the word adminis-tratrix, and the suit was prosecuted in her name individually, as beneficiary. C. S., 547. The plaintiff put in evidence the certificate with evidence of its authenticity, and that the insured had died, and that the plaintiff was his widow and…
1Opinion of the Court
Clare:, C. J.
The production by the plaintiff of the certificate duly authenticated, and evidence that the insured had died, and that the plaintiff was tbe widow named as beneficiary in tbe policy wbicb sbe produced in open court, made out a prima facie case, wbicb required tbe refusal of a motion to nonsuit. Tbe production of tbe policy was prima facie evidence of its delivery by tbe defendant, and on its face was- prima facie proof of bis induction into tbe order as therein recited.
Tbe defendant also asked for nonsuit upon tbe issues as to tbe false allegations as to tbe insured not having…
2Cited by6 opinions
- Hancock v. . SouthgateSupreme Court of North Carolina · 1923
- Creech v. Sovereign Camp of the Woodmen of the WorldSupreme Court of North Carolina · 1937
- Blackburn v. . Woodmen of the WorldSupreme Court of North Carolina · 1941
- Atkins v. White Transportation Co.Supreme Court of North Carolina · 1944
- Blackburn v. Sovereign Camp of the Woodmen of the WorldSupreme Court of North Carolina · 1941
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