Whitehurst v. . Insurance Co.
Supreme Court of North Carolina
ActioN tried before 17. Ii. Allen, J., and a jury, February Term, 1908, of ObaveN. At the close of plaintiff’s testimony, and again at the close of the entire testimony, there was motion of nonsuit under the Hinsdale Act, motions refused, and defendant excepted.
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ActioN tried before 17. Ii. Allen, J., and a jury, February Term, 1908, of ObaveN. At the close of plaintiff’s testimony, and again at the close of the entire testimony, there was motion of nonsuit under the Hinsdale Act, motions refused, and defendant excepted. On issues submitted the jury rendered the following verdict: “(1) Did the defendant falsely represent to the plaintiff that, under the policies in controversy, the plaintiff would be repaid the amount of premiums paid by him, with about 4- per cent, interest thereon, at the expiration of ten years? Answer: £Yes.’ (2) If so, did the…
1Opinion of the Court
Hoke, J.,
after stating the case: We find no reversible error in the record, and are of the opinion -that the case has been tried in substantial accord with the principles announced and upheld in the cases of Caldwell v. Insurance Co., 140 N. C., 100; Sykes v. Insurance Co., 148 N. C., 13; Stroud v. Insurance Co., 148 N. C., 54, and other decisions of like import.
There was evidence tending to show that plaintiff obtained, and held for some time, a policy in defendant company, containing, among others, a stipulation as ' follows: “That if plaintiff should be living at the end of ten years, the…
2Cases cited8 opinions
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Caldwell v. Insurance Co.Supreme Court of North Carolina · 1905
- Modlin v. Roanoke Railroad & Navigation Co.Supreme Court of North Carolina · 1907
- Morse v. ShawMassachusetts Supreme Judicial Court · 1878
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