Rice v. Metropolitan Life Insurance
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at the December Term, .1918, of Beaueoet. Two causes of action are stated in the complaint.
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Appeal by defendant from Devin, J., at the December Term, .1918, of Beaueoet. Two causes of action are stated in the complaint. The first alleges that the defendant issued to the plaintiff a policy of insurance on the third day of October, 1904, and that the plaintiff was induced to accept the policy and pay the premiums thereon by false and fraudulent representations of the agent of the defendant, that if she would pay the weekly premiums for a period of twelve years or more she could then get back all the premiums paid, and the second alleges the right of the plaintiff to have a paid-up…
1Opinion of the CourtAlleN, J.
Tbe policy issued by tbe defendant to tbe plaintiff is singularly free from ambiguous and uncertain language, and it contains express provision tbat it may be surrendered within two weeks of its date and tbe premiums paid recovered if not satisfactory, thus affording opportunity to become familiar with its terms. Tbe plaintiff testified tbat tbe agent who sold tbe policy read it to her, and sbe does not say it was read incorrectly. Sbe also says sbe did not think tbe agent understood tbe policy himself, and tbat be told her to get others to read it for her. He “didn’t do anything to keep me…
2Cases cited9 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Andrus v. St. Louis Smelting & Refining Co.Supreme Court of the United States · 1889
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Saunders v. . HattermanSupreme Court of North Carolina · 1841
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3Cited by7 opinions
- Distributing Corp. v. . Indemnity Co.Supreme Court of North Carolina · 1944
- State Distributing Corp. v. Travelers Indemnity Co.Supreme Court of North Carolina · 1944
- Brooks v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1934
- Manufacturing Co. v. . HesterSupreme Court of North Carolina · 1919
- State ex rel. Bryant Manufacturing Co. v. HesterSupreme Court of North Carolina · 1919
2 more not listed; retrieve them via the Exa API.