Whitley v. Peidmont & Arlington Life Insurance
Supreme Court of North Carolina
This was a civil actioN, on a policy of Life Insurance, tried before Buxton, J., at the Spring Term, 1874, of Stahxy Superior Court. On the trial below many points were raised and decided by the presiding Judge, to whose rulings exceptions were taken, but as most of them are not material to the questions decided in this Court, they are omitted. The opinion of Justice Rod-MAN contains all the material facts of the case.
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This was a civil actioN, on a policy of Life Insurance, tried before Buxton, J., at the Spring Term, 1874, of Stahxy Superior Court. On the trial below many points were raised and decided by the presiding Judge, to whose rulings exceptions were taken, but as most of them are not material to the questions decided in this Court, they are omitted. The opinion of Justice Rod-MAN contains all the material facts of the case. Under the rulings of his Honor in the Superior Court, the j ury rendered their verdict against the plaintiff. Judgment in accordance therewith, and appeal by the plaintiff..
1Opinion of the CourtRodmajst, J.
There are many exceptions in this case as to the competency of evidence of which we do not think it material to consider. The material facts, and about which there seems to be no dispute, are these :
On 31st of March, 1872, Mathew Hahn, the intestate of the' plaintiff, signed and delivered to the agent of the company a written application for an insurance on his life for $2,000.
It is not denied that the representations therein as to the health of Hahn at that time were true. The application contained this language just above the signature of Hahn : “ It is hereby declared * * * also that the…
2Cited by26 opinions
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- Spiegel v. CommissionerUnited States Tax Court · 1949
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
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