McCraw v. Old North State Insurance
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1877, of Warren Superior Court, before Buxton, J. ■ This action was brought by plaintiff as trustee of Perkin-son & Nicholson to recover the sum of §2000 the amount of .•a policy of insurance issued by the defendant company to Perkinson & Nicholson, on the 27th of October, 1874, (and -continued in force by renewals) insuring their store house and stock of goods in Warren County.
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Civil ActioN, tried at Spring Term, 1877, of Warren Superior Court, before Buxton, J. ■ This action was brought by plaintiff as trustee of Perkin-son & Nicholson to recover the sum of §2000 the amount of .•a policy of insurance issued by the defendant company to Perkinson & Nicholson, on the 27th of October, 1874, (and -continued in force by renewals) insuring their store house and stock of goods in Warren County. The amount of the premium (§30) was not paid in cash, but a note was given therefor payable on the 1st of February, 1876, to keep the policy in force from October 27, 1875, to…
1Opinion of the CourtRodman, J.
The plaintiff was not entitled to a judgment, upon the verdict, because the jury found that the company had not extended the time for the payment of the premium note; and by the terms of the policy in such case, it was-void, Ve think, however, he is entitled to a new trial for the reasons which we proceed to state:—
1. Perkinson, one of the owners of the property insured,, had given evidence tending to prove that the company by its agent bad agreed to extend the time for the payment of the premium note, for ninety days after the 1st of February, 1876. To weaken this evidence, the defendant put…
2Cases cited2 opinions
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- Murphy v. Lafayette Mutual Life InsuranceSupreme Court of North Carolina · 1914
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