Derrick v. North Carolina Mut. Life Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Stabler.

This is an action for damages for an alleged fraudulent breach by the defendant company of a contract of insurance.

The complaint alleges that on December 21, 1931, the company issued and delivered a policy of insurance on the life of one Lillie Ruth Derrick in the sum of $200.00, the plaintiff being named as beneficiary; that the insured died on December 26, 1931; and that thereafter the plaintiff surrendered the policy to the defendant upon its promise to pay to him at once the full amount of the insurance, but that after it got…