Legal Opinion

Hinton v. Penn Mutual Life Insurance

Supreme Court of North Carolina

Decided February 20, 1900PublishedCited by 6 opinions

Civil ActioN upon a policy of life insurance issued by defendant upon the life of W. M. Mitchell, and by. him assigned to plaintiff.

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Civil ActioN upon a policy of life insurance issued by defendant upon the life of W. M. Mitchell, and by. him assigned to plaintiff. Upon the death of Mitchell, this suit was brought, and tried before Timberlahe, J., at July Special Term, 1898, of the Superior Court of PasquotaNK County. • The defense was that recovery had already been had-against the defendant upon this policy in a suit instituted by B. L. Brothers, administrator of W. M. Mitchell, in the Court of Law and Chancery of the city of Norfolk, Va., and that the transcript of record of the suit showed that John L. ILinton had been…

1Opinion of the CourtMontgomery, J.

This action was brought by the plaintiff to recover of the defendant company the amount mentioned in a policy of insurance issued by the company upon the life of W. M. Mitchell, and payable to his executors, administrators and assigns, and which . policy had been assigned by Mitchell to the plaintiff. The defendant in its answer pleaded an estoppel of record in the nature of a judgment which was rendered in the Court of Law and Chancery of the city of Norfolk, State of Virginia. In that suit the administrator of Mitchell brought an action against defendant company for the recovery of the…

2Cases cited1 opinion

  1. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890

3Cited by6 opinions

  1. Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
  2. Cameron v. Penn Mutual Life Ins. Co.New Jersey Court of Chancery · 1932
  3. McBride v. GarlandNew Jersey Court of Chancery · 1918
  4. Stevens v. . CecilSupreme Court of North Carolina · 1938
  5. Trinity Methodist Church v. MillerSupreme Court of North Carolina · 1963

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