Owens v. Reserve Loan Life Insurance

The facts present two questions of law, to wit:

1. Was there any competent evidence of the prepayment of premium by the plaintiff upon signing the application on 15 May, 1929 ?

2. Is the right of plaintiff to maintain this action foreclosed by a receipt given the defendant on 17 October, 1929?

The plaintiff applied for a certain sort of policy providing disability-benefits and waiver of premium. Such a policy was issued and forwarded to the agent at Wilson, North Carolina, but never delivered to the plaintiff. The defendant asserts that such delivery was not made because its agents had…