Caldwell v. Insurance Co.
Supreme Court of North Carolina
ActioN by Dinah Caldwell against Life Insurance Co. of Virginia, beard by Judge M. II. Justice and a jury, at tbe March Term, 1905, of tbe Superior Court of Mbck-LBNBUR.G-. From a verdict for tbe plaintiff, the defendant appealed. Tbe plaintiff alleges that’ sometime during tbe year 1895 she was induced by tbe representation made to her by defendant’s agent, to take out policies upon her own life and tbe lives of her children, in defendant company.
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ActioN by Dinah Caldwell against Life Insurance Co. of Virginia, beard by Judge M. II. Justice and a jury, at tbe March Term, 1905, of tbe Superior Court of Mbck-LBNBUR.G-. From a verdict for tbe plaintiff, the defendant appealed. Tbe plaintiff alleges that’ sometime during tbe year 1895 she was induced by tbe representation made to her by defendant’s agent, to take out policies upon her own life and tbe lives of her children, in defendant company. That tbe agent represented to her as an inducement to take out said policies, that at tbe end of ten years she could withdraw tbe amount due ber.…
1Opinion of the Court
Connor, J.,
after stating the case: The testimony on the part of the plaintiff tends to show that she is an illiterate colored woman, having ten (10) children. That sometime during the year 1895, while she was engaged as a cook at the Buford Hotel in Charlotte, the superintendent of the defendant company sent for her to come to his office. That upon going to the office he asked her if she had any objection to being “written up,” to which she replied that she knew nothing about it — did not know what insurance meant. He said that he would tell her, to which she replied that if he did, she would…
2Cases cited3 opinions
- Lovick v. Providence Life Ass'nSupreme Court of North Carolina · 1892
- Braswell v. American Life InsuranceSupreme Court of North Carolina · 1876
- Makely v. American Legion of HonorSupreme Court of North Carolina · 1903
3Cited by29 opinions
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Brite v. . PennySupreme Court of North Carolina · 1911
- Sykes v. . Insurance Co.Supreme Court of North Carolina · 1908
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