Legal Opinion · Concurrence

Wilson v. Life Insurance Co.

Supreme Court of North Carolina

Decided May 3, 1911PublishedCited by 14 opinions

Appeal from Daniels, J., at'January Term, 1911, of Durham:. Civil action beard on appeal from justice of tbe peace before his Honor F. A. Daniels, judge, and a jury, at January Term, 1911, of the Superior Court of Durham County.

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Appeal from Daniels, J., at'January Term, 1911, of Durham:. Civil action beard on appeal from justice of tbe peace before his Honor F. A. Daniels, judge, and a jury, at January Term, 1911, of the Superior Court of Durham County. Evidence was offered, and on the argument before the court the jury, the court, having intimated an opinion that on the evidence, if believed, plaintiff was not entitled to recover, in deference to such intimation, plaintiff duly excepting, submitted to a nonsuit and appealed.

1ConcurrenceClark, C. J.

There was no error in the ruling of the court below. It appeared that on 21 March, 1898, plaintiff took out a life insurance policy in defendant company, insuring his life for a period of ten years on payment of weekly premiums, and at the end of the specified time the policy contained several options looking to a continuance of the same on certain terms and also one numbered four in words as follows:

"4. Surrender this policy and draw the entire cash value, that is, the legal reserve computed according to the actuaries table of morality and four per cent interest, together with the dividend."…

2Cases cited7 opinions

  1. Insurance Co. v. MowrySupreme Court of the United States · 1878
  2. Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
  3. Stroud v. . Insurance Co.Supreme Court of North Carolina · 1908
  4. Fisher v. . WebbSupreme Court of North Carolina · 1881
  5. Duckworth v. Mull.Supreme Court of North Carolina · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
  2. Distributing Corp. v. . Indemnity Co.Supreme Court of North Carolina · 1944
  3. State Distributing Corp. v. Travelers Indemnity Co.Supreme Court of North Carolina · 1944
  4. Moore v. Fidelity & Casualty Co.Supreme Court of North Carolina · 1934
  5. Pittman v. Tobacco Growers Co-Operative Ass'nSupreme Court of North Carolina · 1924

9 more not listed; retrieve them via the Exa API.

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