Hollowell v. Life Insurance Co. of Virginia
Supreme Court of North Carolina
Civil ActioN to recover premiums paid on a life policy of insurance upon the ground that the policy bad been -wrongfully cancelled, tried before Brown-, J., at April Term of WayNE Superior Court.
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Civil ActioN to recover premiums paid on a life policy of insurance upon the ground that the policy bad been -wrongfully cancelled, tried before Brown-, J., at April Term of WayNE Superior Court. The plaintiffs were brothers, and one of them, A. B. Hollo-well, had taken out a policy of insurance upon his life for the benefit of the other in the defendant company for $1,000. Twenty-nine semi-annual premiums had been paid, usually by endorsed checks of a business firm in Goldsboro, transmitted through the mail to the defendant at Richmond, Va. The thirtieth premium, due July 25, 1898, was…
1Opinion of the CourtClark, J.
The premium was payable in Richmond, Va., July 25. The policy provides that “failure to pay premiums at the stipulated period shall make the policy void.” The jury find upon issues submitted that the mailing of similar drafts bad been the method of payment acquiesced in by the defendant, and that the letter containing a draft to pay the premium was deposited by the plaintiff on the morning of July 25, in the postoffic© at Goldsboro-, in ample time to- reach Richmond, Va., in due course of mail by 6 p. m. the same day. The evidence was that the letter did not in fact reach Richmond till 8 a.…
2Cases cited6 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Lovick v. Providence Life Ass'nSupreme Court of North Carolina · 1892
- Whitley v. Peidmont & Arlington Life InsuranceSupreme Court of North Carolina · 1874
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- Barker v. AgeeCourt of Appeals of North Carolina · 1989
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