Kendrick v. Mutual Benefit Life Insurance
Supreme Court of North Carolina
Civil ActioN upon tbe insurance policy on tbe life of John F. Kendrick, taken out by bim for tbe benefit of tbe plaintiff, bis wife, tried before Siarbuclc, J., at October Term, 1898, of MeoeleNburg- Superior Court. Tbe policy issued on July 15, 1897, and tbe insured died on September 15, 1897. The policy contained a receipt for the first premium, although in fact it was not paid until a few hours before the death of insured, on the day of his death.
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Civil ActioN upon tbe insurance policy on tbe life of John F. Kendrick, taken out by bim for tbe benefit of tbe plaintiff, bis wife, tried before Siarbuclc, J., at October Term, 1898, of MeoeleNburg- Superior Court. Tbe policy issued on July 15, 1897, and tbe insured died on September 15, 1897. The policy contained a receipt for the first premium, although in fact it was not paid until a few hours before the death of insured, on the day of his death. A recovery was resisted, principally on the ground of invalidity of the payment. A single issue was submitted to the jury: Is the defendant…
1Opinion of the CourtClaee, J.
John E. Kendrick applied for insurance on his life in the defendant company for the benefit of his wife, the plaintiff, and on the 15th of July, 1897, the defendant issued its policy in accordance with the terms of the application, which was delivered by its agent to him, a few days thereafter. ITe was afterwards taken ill with typhoid fever and died on the 15th of September, 1897. The policy recited the payment of the premium, though in fact it was not paid until a few hours before, and in fact on the same day on which the insured died, the payment being then made for him by a friend and…
2Cases cited20 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
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- Reliance Life Insurance v. HightowerSupreme Court of Georgia · 1919
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