Faulk v. Fraternal Mystic Circle
Supreme Court of North Carolina
Appeal by both parties from Whedbee, J., at December Term, 1915, of ROBESON.
1Opinion of the CourtClark, C. J.
Tbe plaintiff held a benefit certificate from the defendant “Mystic Circle.” The only question presented by the plaintiff’s appeal is the validity of section 5 in the constitution and by-laws of the defendant company: “No action at law or in equity, in any court, shall be brought or maintained on any cause or claim arising out of the membership or benefit certificate unless such action is brought within one year from the time when such right of action accrues.” It was admitted that this provision was in force for more than one year prior to the beginning of this action, and that the…
2Cases cited9 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
- Bragaw v. Supreme Lodge Knights & Ladies of HonorSupreme Court of North Carolina · 1901
- Parker v. . Insurance Co.Supreme Court of North Carolina · 1906
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3Cited by4 opinions
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
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- Spearman v. United Mutual Burial Ass'nSupreme Court of North Carolina · 1945
- Adair v. Orrell's Mutual Burial Ass'nCourt of Appeals of North Carolina · 1973