Owens v. North State Life Insurance
Supreme Court of North Carolina
Civil actiow, tried before Winston, J., and a jury at October Term, 1916, of OuMberlaND. The action was to recover' the amount of an insurance policy for $1,000 issued by the company on James Holiday Owens, husband of administratrix.
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Civil actiow, tried before Winston, J., and a jury at October Term, 1916, of OuMberlaND. The action was to recover' the amount of an insurance policy for $1,000 issued by the company on James Holiday Owens, husband of administratrix. It was proved or admitted that such a policy was issued on 23 August, 1915, the company taking a note for premium, $42.37, payable 1 November, 1915, said note containing the specification, “at the rate of 6 per cent per annum,” and the stipulation, further, that the policy should become “null and void” if the note was not paid at maturity. That payment of the…
1Opinion of the CourtIloKE, J.
Both the policy and the premium note contain the provision that the contract of insurance shall be null and void unless the premium note is paid, and our cases hold that such-a stipulation is valid, and unless the note is paid as promised, or the payment is in some way waived by the company, a recovery on 'the policy cannot be had. Murphy v. Ins. Co., 167 N. C., 334. In that ease the position as it prevails in this jurisdiction is stated as follows: “The delivery of a life insurance policy absolute and unconditional is a waiver of tbe stipulation for a previous or contemporaneous payment of…
2Cases cited8 opinions
- Moynahan v. MooreMichigan Supreme Court · 1860
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Murphy v. Lafayette Mutual Life InsuranceSupreme Court of North Carolina · 1914
- Bundy v. WillsNebraska Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
- Philadelphia Life Ins. v. HayworthCourt of Appeals for the Fourth Circuit · 1924
- National Labor Relations Board v. Aluminum Workers International Union, Local No. 135, AFLCourt of Appeals for the Seventh Circuit · 1956
- New York Life Ins. Co. v. NorrisSupreme Court of Alabama · 1921
- Duke v. . PughSupreme Court of North Carolina · 1940
3 more not listed; retrieve them via the Exa API.