Powell v. . Dewey
Supreme Court of North Carolina
Civil action for recovery of amount of insurance upon the life of A. H. Powell, deceased, heard by Brown, J., upon agreed facts at February Term, 1898, of the Superior Court of Craven. A. B. Powell, the insured, and defendant, T. W. Dewey, were equal partners in a general life and fire insurance business in Newbern, N. C. No capital was invested and neither was indebted to the other. Each gave personal attention to the business of the firm.
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Civil action for recovery of amount of insurance upon the life of A. H. Powell, deceased, heard by Brown, J., upon agreed facts at February Term, 1898, of the Superior Court of Craven. A. B. Powell, the insured, and defendant, T. W. Dewey, were equal partners in a general life and fire insurance business in Newbern, N. C. No capital was invested and neither was indebted to the other. Each gave personal attention to the business of the firm. It commenced prior to 1893 and terminated by mutual consent April 20, 1893, and a final settlement had April 28th, 1893. Said policy was issued February…
1Opinion of the Court
Montgomery, J.:
This case differs from that of Albert v. Insurance Co., 122 N. C., 92, in one most material respect. In that case the person whose life was insured paid all the premiums, and the Court did not find it necessary to decide whether the beneficiaryhad an insurable interest in the life of the insured person. In the case before us, at the very time when the policy was issued, in which the life of the plaintiff’s intestate was insured, there was an assignment of the policy to the beneficiary (the defendant Dewey) who paid the first and all of the piemiums.
The first question that…
2Cases cited4 opinions
- Cheeves v. Anders, AdministratorTexas Supreme Court · 1894
- United States v. BrittonSupreme Court of the United States · 1883
- Albert v. Mutual Life InsuranceSupreme Court of North Carolina · 1898
- Trinity College v. Travelers Insurance Co. of HartfordSupreme Court of North Carolina · 1893
3Cited by12 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Beard v. American Agency Life InsuranceCourt of Appeals of Maryland · 1988
- Lakin v. Postal Life and Casualty Insurance Co.Supreme Court of Missouri · 1958
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Metropolitan Life-insurance v. ElisonSupreme Court of Kansas · 1905
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