Morgan v. . Fraternal Association
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at March Term, 1915, of Foestth. Civil action to recover on a policy of insurance. On a former trial of the cause, plaintiff recovered judgment, and defendant, having taken an appeal, a new trial was granted because of the admission of a letter of one Lucy Ragsdale, an agent, which was held to be hearsay and incompetent for reasons stated in the opinion of the Court, reported in 167 N. 0., 262. This opinion having been certified down, a…
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Appeal by plaintiff from Devin, J., at March Term, 1915, of Foestth. Civil action to recover on a policy of insurance. On a former trial of the cause, plaintiff recovered judgment, and defendant, having taken an appeal, a new trial was granted because of the admission of a letter of one Lucy Ragsdale, an agent, which was held to be hearsay and incompetent for reasons stated in the opinion of the Court, reported in 167 N. 0., 262. This opinion having been certified down, a new trial was entered on and, at close of testimony, on motion, there was judgment of nonsuit, and plaintiff excepted .and…
1Opinion of the CourtHoee, J.
We have carefully examined the record and are of opinion that the judgment of nonsuit should be set aside and the issue as to-defendant’s liability submitted to the jury. As the case goes back for a new trial, we do not consider it desirable to state in detail or dwell upon the testimony relevant to the issue and which makes in favor of plaintiff’s claim; but speaking generally, and as we understand the record, there are facts in evidence tending to show that, in 1910 and before that time, the Royal Benefit Society, an insurance company operating on the lodge system and having its home office…
2Cases cited8 opinions
- Dail v. TaylorSupreme Court of North Carolina · 1909
- Nicholson v. Eureka Lumber Co.Supreme Court of North Carolina · 1911
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Shoaf v. Palatine InsuranceSupreme Court of North Carolina · 1900
- Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
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