Burbage v. . Windley
Supreme Court of North Carolina
Civil actiox, tried before Whitaker, J., at May Term, 1890, of Beaufort Superior Court. The complaint alleges, in substance, that in the year 1883, R. C. Windley, now deceased, the testator of the defendants, at different times specified, applied to three several insurance companies, and obtained from each of them an insurance policy, granted and made payable to him and for his own benefit, whereby each, for the consideration specified therein, insured the life of John W.…
Read the full summary
Civil actiox, tried before Whitaker, J., at May Term, 1890, of Beaufort Superior Court. The complaint alleges, in substance, that in the year 1883, R. C. Windley, now deceased, the testator of the defendants, at different times specified, applied to three several insurance companies, and obtained from each of them an insurance policy, granted and made payable to him and for his own benefit, whereby each, for the consideration specified therein, insured the life of John W. Hammond “on the ordinary life plan” for the sum of money in each specified, the three policies .aggregating the sum of…
1Opinion of the Court
Mérrimos, 0. J.
after stating the case: In this and like actions where the contract or promise sued upon is by parol, a sufficient consideration should be alleged in the complaint to support the contract or promise. This is essential, because otherwise no cause of action is alleged or appears in the pleadings. In some cases — such as where the cause of action is a bill of exchange or a promissory note, and some other legal liabilities — the mere statement of the liability which constitutes the consideration is sufficient. Iu these cases the nature of the liability itself sued upon implies the…
2Cases cited10 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Cammack v. LewisSupreme Court of the United States · 1873
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
- Franklin Life Insurance v. HazzardIndiana Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lloyd v. North Carolina RailroadSupreme Court of North Carolina · 1909
- Allgood v. Wilmington Savings & Trust CompanySupreme Court of North Carolina · 1955
- Albert v. Mutual Life InsuranceSupreme Court of North Carolina · 1898
- In Re the Receivership of Port Publishing Co.Supreme Court of North Carolina · 1950
- Cauble v. . TrexlerSupreme Court of North Carolina · 1947
10 more not listed; retrieve them via the Exa API.