Edwards v. Jefferson Standard Life Insurance
Supreme Court of North Carolina
Civil acjioN, tried before Cox, J., at April Term, 1917, of Lee. This is an action to have the plaintiff declared entitled to an annuity of $500 and to recover a part of the same alleged to be due.
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Civil acjioN, tried before Cox, J., at April Term, 1917, of Lee. This is an action to have the plaintiff declared entitled to an annuity of $500 and to recover a part of the same alleged to be due. On 13 January, 1903, the Security Life and Annuity Company issued its policy on the life of W. J. Edwards, providing for the payment of an annuity to the plaintiff, his wife, if she survived him, and an annuity to him if he survived his wife, and the defendant insurance company has assumed payment thereof. On 19 January, 1915, the plaintiff and her said husband executed an assignment of said policy…
1Opinion of the CourtAlleN, J.
In the construction of contracts “technical rules are not so regarded as the real meaning of the parties, where it can be gathered from the instrument itself; and to arrive at the intention, sentences may be transposed and insensible words, or such as have no distinct meaning, may be disregarded.” (Killian v. Harshaw, 29 N. C., 498; McIntosh on Contracts, (2 Ed.), 553), and of two construcions, that will be adopted which upholds the instrument, as it is presumed “when parties make an instrument the intention is that it shall be effectual and not nugatory.” Hunter v. Anthony, 53 N. C., 385.
Word…
2Cases cited11 opinions
- Rouse v. Wooten.Supreme Court of North Carolina · 1906
- Houser v. . FayssouxSupreme Court of North Carolina · 1914
- Sykes v. EverettSupreme Court of North Carolina · 1914
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
- Leduc v. . ButlerSupreme Court of North Carolina · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Wellington-Sears & Co. v. Dize Awning & Tent Co.Supreme Court of North Carolina · 1929
- Sykes v. . EverettSupreme Court of North Carolina · 1914
- Harbour Point Homeowners' Ass'n v. DJF Enterprises, Inc.Court of Appeals of North Carolina · 2010
- Kerr v. . HicksSupreme Court of North Carolina · 1911
5 more not listed; retrieve them via the Exa API.