Wilkie v. New York Mutual Life Insurance
Supreme Court of North Carolina
Civil actioN, beard before Guión, and a jury, at February Term, 1907, of tbe Superior Court of ButhbRitokd County. During tbe trial tbe counsel for tbe parties agreed upon tbe facts, and judgment was entered tbereon for defendant. Plaintiff appealed. Tbe plaintiff brought tbis action to recover $2,000, tbe amount of an insurance policy issued by the defendant upon tbe life of ber intestate for ber benefit.
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Civil actioN, beard before Guión, and a jury, at February Term, 1907, of tbe Superior Court of ButhbRitokd County. During tbe trial tbe counsel for tbe parties agreed upon tbe facts, and judgment was entered tbereon for defendant. Plaintiff appealed. Tbe plaintiff brought tbis action to recover $2,000, tbe amount of an insurance policy issued by the defendant upon tbe life of ber intestate for ber benefit. Tbe policy contains tbe following provisions: “1. Tbis policy participates in tbe profits of tbe company as herein provided. If tbe insured is living on tbe twenty-second day of November,…
1Opinion of the Court
Walker, J.,
after stating the case: The original policy was filed in this Court for our inspection, and the decision of the case turns upon its true construction. The plaintiff contends that, as the policy was issued on 2 December, 1901, and as the two full premiums for two years had been paid, this carried the insurance to 2 December, 1903, and that by the terms of the contract the insurance was automatically continued from the latter date for two years and two months, which would carry it to 2 February, 1906, and, as the insured died on 26 January, 1906, the policy was in full force and…
2Cases cited7 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- McConnell v. Provident Savings Life Assur. Soc. of New YorkCourt of Appeals for the Sixth Circuit · 1899
- Bray v. Insurance Co.Supreme Court of North Carolina · 1905
- Johnson v. Mutual Benefit Life Ins.Court of Appeals for the Eighth Circuit · 1906
- Tibbits v. Mutual Benefit Life InsuranceIndiana Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Gould Morris Electric Co. v. Atlantic Fire Insurance Co.Supreme Court of North Carolina · 1948
- Jones v. Palace Realty Co.Supreme Court of North Carolina · 1946
- McCampbell v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1923
- New York Life Ins. Co. v. TolbertCourt of Appeals for the Tenth Circuit · 1932
- Coons v. Home Life Insurance Co. New YorkIllinois Supreme Court · 1938
40 more not listed; retrieve them via the Exa API.