Lancaster v. Southern Insurance Co.
Supreme Court of North Carolina
Appeal from Guión, J., at the April Term, 1910, of Edge-COMBE. It was shown that feme plaintiff, owner of a farm, “bad erected a building and therein established a steam gin, the engine and boiler enclosed in brick and same was being used for farm ginning.”
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Appeal from Guión, J., at the April Term, 1910, of Edge-COMBE. It was shown that feme plaintiff, owner of a farm, “bad erected a building and therein established a steam gin, the engine and boiler enclosed in brick and same was being used for farm ginning.” That said plaintiff took out a policy of insurance on the gin, engine and boiler in the sum of $1,000, the contract being the ordinary standard form, with a rider attached to the face of the policy, on which was a heading, “For Gin Systems Only,” and which contained certain specifications adapting the policy more fittingly, in certain…
1Opinion of the Court
Hoke, J.,
after stating the case. Our decisions are to the effect, and they are in accord with the generally prevailing doctrine, that when a person of mature years and sound mind, who can read and write, accepts a policy of insurance, containing stipulations material to the risk and on breach of which the policy is to be avoided, and there is nothing confusing or ambiguous in them and no representations made which are calculated or intended to deceive as to their import, the policy with the stipulations becomes the contract between the parties, to be enforced, while it stands, according to…
2Cases cited3 opinions
- Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- Pierce v. Charter Oak Life InsuranceMassachusetts Supreme Judicial Court · 1884
3Cited by24 opinions
- Nationwide Mutual Insurance v. EdwardsCourt of Appeals of North Carolina · 1984
- Kirk v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1961
- Midkiff v. North Carolina Home InsuranceSupreme Court of North Carolina · 1929
- Hardin v. Liverpool & London & Globe InsuranceSupreme Court of North Carolina · 1925
- Bank v. . Ins. Co.Supreme Court of North Carolina · 1924
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