Duffy v. Insurance Company.
Supreme Court of North Carolina
ActioN by Charles Duffy, Jr., against the Fidelity Mutual Life Insurance Company, beard by Judge E. B. Jones and a jury, at the October Term, 1905, of the Superior Court of CRAVEN. This action is prosecuted by plaintiff for the alleged wrongful cancellation of a policy of insurance by defendant, plaintiff claiming as damages the premiums paid and interest thereon.
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ActioN by Charles Duffy, Jr., against the Fidelity Mutual Life Insurance Company, beard by Judge E. B. Jones and a jury, at the October Term, 1905, of the Superior Court of CRAVEN. This action is prosecuted by plaintiff for the alleged wrongful cancellation of a policy of insurance by defendant, plaintiff claiming as damages the premiums paid and interest thereon. Defendant admitted the cancellation and justified by alleging that plaintiff having failed to pay premium when due, the policy, by its terms, became void. The controversy arises upon the question whether the notice of the assessment…
1Opinion of the Court
CoNNOR, J.,
after stating the case: In the view which we take of this appeal, several of the questions presented by the exceptions and argued in the brief become immaterial.
The inquiry to which the first issue is directed lies at the threshold of the controversy. The answer to that question, in our opinion, is decisive of the case. The authorities cited by the learned counsel for defendant fully sustain the validity of the contract contained in the policy, declaring that by mailing the notice, properly addressed, to the plaintiff, the defendant discharges- its duty in that respect. The…
2Cases cited4 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Yoe v. Benjamin C. Howard Masonic Mutual Benevolent Ass'nCourt of Appeals of Maryland · 1885
- Allnutt v. Subsidiary High Court of the United States Ancient Order of ForestersMichigan Supreme Court · 1886
- Epstein v. Mutual Aid & Benevolent Life Insurance Ass'nSupreme Court of Louisiana · 1876
3Cited by7 opinions
- Donarski v. LardySupreme Court of Minnesota · 1958
- Peninsula Property Owners Association, Inc. v. Crescent ResourcesCourt of Appeals of North Carolina · 2005
- Blount v. TaftSupreme Court of North Carolina · 1978
- Carden v. . Sons and Daughters of LibertySupreme Court of North Carolina · 1920
- DeVries v. Spring Valley Township Mutual Fire InsuranceSupreme Court of Minnesota · 1926
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