Gwaltney v. Provident Savings Life Assurance Society
Supreme Court of North Carolina
Action by W. R. Gwaltney and wife against the Provident Savings Life Assurance Society, beard by Judge B. F. Long and a jury, at February Term, 1903, of the Superior Court of Catawba County. From a judgment for the plaintiffs, the defendant appealed.
1Opinion of the CourtClark, C. J.
This action was brought to_ recover the premiums, with interest thereon, paid on a life insurance policy issued to the plaintiff by the defendant in 1899, through its general agent in this State. The complaint alleges 'that said agent, in soliciting the application, agreed to issue to the plaintiff a level rate policy, whereas the one issued increased the premiums with age. The application on its face is for a policy “upon the annual renewal plan with surplus applied to keeping premiums level, participating premiums payable quarterly,” and the policy provides for “payment of the annual…
2Cases cited20 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Insurance Company v. McCainSupreme Court of the United States · 1878
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