Perry v. North Carolina Mutual Life Insurance

The opinion of the Court was delivered by

Mr. Justice Baker.

This is an unusual case in that it is an action for the alleged fraudulent breach of a parol collateral contract or agreement regarding the manner of paying and collecting-premiums on a policy of insurance issued by appellant, had between an agent for appellant and the beneficiary named in the insurance contract, and brought by the beneficiary for the lapsing or cancellation of the said insurance policy during the lifetime of the insured.

Respondent’s complaint in substance alleges that on March 26, 1923, he applied to appellant and…