Moore v. Maryland Casualty Co.
Supreme Court of North Carolina
ActioN beard before Guión, J., at December Term, 1908, of BEAUFORT. On 12 Time, 1907, defendant issued to plaintiff its policy, insuring bis life in tbe sum of $5,000'“and for a weekly indemnity of $25 for tbe term of twelve months from 12 June, 1907.” For a total disability tbe defendant agreed to pay tbe said sum, and for a partial disability one-balf thereof.
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ActioN beard before Guión, J., at December Term, 1908, of BEAUFORT. On 12 Time, 1907, defendant issued to plaintiff its policy, insuring bis life in tbe sum of $5,000'“and for a weekly indemnity of $25 for tbe term of twelve months from 12 June, 1907.” For a total disability tbe defendant agreed to pay tbe said sum, and for a partial disability one-balf thereof. Tbe policy provided that if tbe disability continued less than thirteen weeks tbe amount should be payable at tbe termination of tbe disability; and if for longer’duration, at tbe end of thirteen weeks from tbe date of tbe accident or…
1Opinion of the Court
Connor, J.,
after stating the case: The sole question presented by defendant’s exception is whether the voucher executed by plaintiff at the time he received the draft for $275 bars his recovery of the amount sued for in this action. The amount received by him was all that was due at that time, under the terms of the policy. The proof of claim makes no reference to any claim for future indemnity. It is, of course, conceded that, pursuant to our statute (Revisal, sec. 859), the acceptance of “a less amount than that demanded or claimed to be due in satisfaction thereof” is a valid discharge of…
2Cases cited1 opinion
- Wright v. Northampton & Hertford RailroadSupreme Court of North Carolina · 1899
3Cited by11 opinions
- Moruzzi v. Federal Life & Casualty Co.New Mexico Supreme Court · 1938
- Wade v. Mutual Benefit Health & Accident Ass'nWest Virginia Supreme Court · 1934
- Desoto Life Insurance Co. v. JeffettSupreme Court of Arkansas · 1946
- Fidelity & Casualty Co. v. LoganCourt of Appeals of Kentucky · 1921
- Travis v. Knob Creek, Inc.Supreme Court of North Carolina · 1987
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