Sexton v. Greensboro Life Insurance
Supreme Court of North Carolina
Appeal from Lyon, J., at April Term, 1911, of Davidson. Civil action to recover on a policy of life insurance issued by tbe defendant on the life of U. E. Sexton. The policy is for $1,000, numbered 742, with an accident clause requiring the insurer to pay double the amount in the event of death by external, violent, and accidental means.
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Appeal from Lyon, J., at April Term, 1911, of Davidson. Civil action to recover on a policy of life insurance issued by tbe defendant on the life of U. E. Sexton. The policy is for $1,000, numbered 742, with an accident clause requiring the insurer to pay double the amount in the event of death by external, violent, and accidental means. The insured was killed in a railway wreck 15 December, 1909. These issues were submitted to the jury, to which defendant excepted and tendered other issues: 1. Did the defendant issue and deliver to the plaintiff’s intestate the policy No. 742 sued on?…
1Opinion of the Court
BeowN, I.
In respect to the issues, we are of opinion that under those submitted by the court every defense can be presented, but as the case is to be tried again it is well to say that those tendered by the defendant present rather more directly to the minds of the jury the real fact in controversy.
The controversy is over the payment of the premium due 1 August, 1909, of $34.57. If that was paid, the plaintiff is entitled to recover. If it was not paid or payment waived, plaintiff is not entitled to recover.
The evidence shows that on 2 September, 1909, the insured paid in cash on this premium…
2Cases cited2 opinions
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Ferebee v. N. C. Mutual Home InsuranceSupreme Court of North Carolina · 1873
3Cited by12 opinions
- Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
- Inter-Southern Life Insurance Co. v. OmerCourt of Appeals of Kentucky (pre-1976) · 1931
- Underwood v. State Life InsuranceSupreme Court of North Carolina · 1923
- Underwood v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1919
- Underwood v. . Ins. Co.Supreme Court of North Carolina · 1923
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