Legal Opinion

Ballard v. Traveller's Insurance Co.

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 13 opinions

Civil actioN, tried before Oóble, J., at March Term, 1896, of Durham Superior Court. A jury trial was waived, and his Honor, upon the facts found, gave judgment for the plaintiff, and the defendant appealed. The essential facts are stated in the opinion of Associate Justice Montgomery.

1Opinion of the Court

MoNtgomery, J. :

The contract between the plaintiff’s assignor, J. N. Lindsay, and the defendant Company, which was in all respects complied with by Lindsay, contained a provision to the effect that it might be terminated at the option of either party by written notice to the other party of not less than thirty days. Notice under that provision was given by the defendant to Lindsay, and in May or June, 1895, he ceased to be agent of the defendant. Certain renewal premiums upon policies which were issued while the plaintiff’s assignor was the agent of the defendant, falling due after his agency…

2Cases cited1 opinion

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823

3Cited by13 opinions

  1. Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
  2. Chase v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1905
  3. Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
  4. Wheeler v. Pan-American Petroleum Corp.Court of Appeals of Georgia · 1934
  5. Wilmington v. BryanSupreme Court of North Carolina · 1906

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