Sykes v. . Insurance Co.
Supreme Court of North Carolina
ActioN tried before Ferguson, J., and a jury, at October Term, 1907, of Meciclenbubg. This action was brought to recover the amount of the premiums paid by the male plaintjff to the defendant on certain insurance policies described in the pleadings. The plaintiffs alleged that on or about 16 March, 1896, the defendant, through its officers and agents, came to plaintiff and importuned plaintiff to take out certain policies of insurance.
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ActioN tried before Ferguson, J., and a jury, at October Term, 1907, of Meciclenbubg. This action was brought to recover the amount of the premiums paid by the male plaintjff to the defendant on certain insurance policies described in the pleadings. The plaintiffs alleged that on or about 16 March, 1896, the defendant, through its officers and agents, came to plaintiff and importuned plaintiff to take out certain policies of insurance. This proposition was refused by plaintiff, who assured said officers and agents that he knew little of the nature of such contracts of insurance, and that said…
1Opinion of the CourtWalker, J.
The defendant entered several exceptions to the rulings and charge of the court, Avhich we understood to be abandoned here, and, we think, properly so. The question which we are called upon to decide, and which was the only one presented in the argument before us, relates to the measure of damages. The court charged upon the sixth issue that, if the jury found the other issues in favor of the plaintiff, he was entitled to recover as damages “the amount of the premiums paid, with six per cent, interest from the date of each payment .until paid.” This instruction was erroneous— not sufficiently…
2Cases cited11 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- May v. . LoomisSupreme Court of North Carolina · 1905
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Welch v. WelchSupreme Court of Arkansas · 1918
- Godfrey v. Res-Care, Inc.Court of Appeals of North Carolina · 2004
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Sanders v. Park Towne, Ltd.Court of Appeals of Kansas · 1978
17 more not listed; retrieve them via the Exa API.