Whitford v. North State Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from 0. Ill Allen, Jat April Teriü, 1913, of CRAVEN. This is an action to recover upon a policy of insurance issued by tbe defendant on 29 December, 1910. Tbe insured died on 13 May, 1911. Tbe defendant denied liability and set up as a defense that W. W. Burgess, tbe insured, in violation of tbe terms of tbe policy and of tbe application therefor, committed suicide, and tbe further defense that the policy was void for tbe reason that the applicant,. W. B.…
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Appeal by plaintiff from 0. Ill Allen, Jat April Teriü, 1913, of CRAVEN. This is an action to recover upon a policy of insurance issued by tbe defendant on 29 December, 1910. Tbe insured died on 13 May, 1911. Tbe defendant denied liability and set up as a defense that W. W. Burgess, tbe insured, in violation of tbe terms of tbe policy and of tbe application therefor, committed suicide, and tbe further defense that the policy was void for tbe reason that the applicant,. W. B. Burgess, bad made material false representations in bis application for tbe insurance. Tbe defendant introduced in…
1Opinion of the CourtAlleN, J.
Tbe statute of tbis State as to communications between husband and wife provides that “No husband or wife shall be compellable to disclose any confidential communication made by one to the other during'their marriage,” and it is by this statute, construed in connection with the rules of the common law as to what communications are confidential, that the admissibility of the papers introduced in evidence is to be tested. The inquiry naturally resolves itself into two propositions :
1. Are the papers communications from the husband to the wife during marriage?
2. If so, are they confidential ?
We…
2Cases cited7 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Mercer v. StateSupreme Court of Florida · 1898
- State v. WallaceSupreme Court of North Carolina · 1913
- Sedgwick v. TuckerIndiana Supreme Court · 1883
- SpitzSupreme Court of Connecticut · 1887
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3Cited by20 opinions
- Truelsch v. MillerWisconsin Supreme Court · 1925
- State v. FreemanSupreme Court of North Carolina · 1981
- Sale v. JohnsonSupreme Court of North Carolina · 1963
- McCoy v. . JusticeSupreme Court of North Carolina · 1930
- Borders v. . ClineSupreme Court of North Carolina · 1937
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