Williamson v. Pilot Life Insurance

Stacy, O. J.

The theory of the nonsuit is that .the policy lapsed for nonpayment of semiannual premium of $12.16 due 14 June, 1935. Nevertheless the policy recites payment of $23.40, annual premium, before unconditional delivery, which, on its face, is sufficient to keep the policy in force until 14 December, 1935. This defeats the motion to nonsuit. Ferrell v. Ins. Co., 208 N. C., 420, 181 S. E., 327, S. c., 207 N. C., 51, 175 S. E., 692; Green v. Casualty Co., 203 N. C., 767, 167 S. E., 38.

The authorities are to the effect that a recital of payment in a policy of insurance, unconditionally…