Fuller v. Knights of Pythias.
Supreme Court of North Carolina
AgtioN by Mamie Puller against the Endowment Ranh, Knights of Pythias, heard by Judge Frederick Moore and a jury, at April Term, 1901, of the'Superior Court of RobesoN County. This action was brought by the plaintiff, the widow and beneficiary, to recover the sum of $1,000 upon a policy of insurance issued upon the life of J. R. Puller. The policy was issued and based upon the statements and agreements contained in his application, ánd made a part of the contract.
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AgtioN by Mamie Puller against the Endowment Ranh, Knights of Pythias, heard by Judge Frederick Moore and a jury, at April Term, 1901, of the'Superior Court of RobesoN County. This action was brought by the plaintiff, the widow and beneficiary, to recover the sum of $1,000 upon a policy of insurance issued upon the life of J. R. Puller. The policy was issued and based upon the statements and agreements contained in his application, ánd made a part of the contract. Defendant resisted the recovery upon the grounds, first, that the death of the assured was caused or superinduced by the use of…
1Opinion of the Court
Cook, J".,
after stating tbe case. Defendant’s counsel insist in this Court that it did not have a fair trial, upon tbe grounds (in part) that it was most material to its defense to elicit from tbe physicians tbeir opinions and tbe knowledge they possessed of tbe cause of assured’s death and bis true physical condition, especially as to bis heart at and before tbe time of making tbe application, upen which its defense was based, which knowledge they had obtained while being his attending physicians; and that they had a right, by reaspn. of the waiver set out in the application, to have their…
2Cases cited2 opinions
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
- Dougherty v. Metropolitan Life InsuranceNew York Supreme Court · 1895
3Cited by17 opinions
- Capps v. LynchSupreme Court of North Carolina · 1960
- State v. . MartinSupreme Court of North Carolina · 1921
- State v. McIntoshSupreme Court of North Carolina · 1994
- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
- Sovereign Camp, Woodmen of the World v. FarmerMississippi Supreme Court · 1917
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