Follette v. United States Mutual Accident Ass'n
Supreme Court of North Carolina
This was a civil action, tried at January Term, 1890, of the Superior Court of DurhaM Count , before Armfield, J. The plaintiff gave evidence of his injury, which was shown to have been accidental and to have happened as set out in the complaint, and that his hand was amputated above the wrist in consequence of said injury.
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This was a civil action, tried at January Term, 1890, of the Superior Court of DurhaM Count , before Armfield, J. The plaintiff gave evidence of his injury, which was shown to have been accidental and to have happened as set out in the complaint, and that his hand was amputated above the wrist in consequence of said injury. He testified that he was partially deaf; had been so for thirty years to the same extent; that he was in good health, and his deafness did not interfere with the pursuit of his business; that he did not use any mechanical applications to enable him to hear conversation,…
1Opinion of the CourtAvery, J.
after stating the facts: It was competent to prove by the agent of the defendant, on his examination as a witness, that he knew, or had had abundant opportunity and good reason to know the extent of plaintiff’s deafness when he solicited him to take out a policy, or subsequently, and before the application was signed.
Actual knowledge of the plaintiff’s defective hearing on the part of the agent was constructive notice of it to his principal, and, hence, the latter is deemed to have waived the objection that the deafness of the former was a bodily infirmity, notwithstanding the fact that it…
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- Dupree v. . Virginia Home Insurance Co.Supreme Court of North Carolina · 1885
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