Keesler v. Mutual Benefit Life Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Harding, Jat tbe November Term, 1918, of MECKLENBURG. This action was brought by the plaintiff to recover of the defendant $3,000 claimed to be due on a policy of insurance upon the life of -Augustus L. Keesler, in favor of the plaintiff, alleged to have been issued by the defendant and delivered to the insured a few days prior to his death.
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Appeal by plaintiff from Harding, Jat tbe November Term, 1918, of MECKLENBURG. This action was brought by the plaintiff to recover of the defendant $3,000 claimed to be due on a policy of insurance upon the life of -Augustus L. Keesler, in favor of the plaintiff, alleged to have been issued by the defendant and delivered to the insured a few days prior to his death. It is admitted by both parties that the insured was a resident of the State of Georgia at the time the application for insurance was made, and that said application was solicited and obtained by a local agent of the company in…
1Opinion of the CourtAlleN, J.
The contract of insurance on which the plaintiff sues was made in the State of Georgia where the insured lived and died, and “It is settled that ‘Matters bearing upon the execution, interpretation, and validity of a contract are determined by the law of the place where it is made.’ Scudder v. Nat. Union Bank, 19 U. S., 406.” Cannady v. R. R., 143 N. C., 442. See, to the same effect, Satterthwaite v. Doughty, 44 N. C., 314; 12 C. J., 448; 5 R. C. L., 931.
¥e must then inquire into the laws of our sister State, and the rule prevailing with us is that “The existence of a foreign law is a fact.…
2Cases cited9 opinions
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Sheppard v. BridgesSupreme Court of Georgia · 1912
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Mutual Reserve Fund Life Ass'n v. StephensSupreme Court of Georgia · 1902
- Mutual Life Insurance v. ClancySupreme Court of Georgia · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fast v. GulleySupreme Court of North Carolina · 1967
- New York Life Insurance v. PattenSupreme Court of Georgia · 1921
- Roomy v. Allstate Insurance CompanySupreme Court of North Carolina · 1962
- Collins & Aikman Corp. v. Hartford Accident & Indemnity Co.Supreme Court of North Carolina · 1993
- Myers v. Ocean Accident & Guarantee CorporationCourt of Appeals for the Fourth Circuit · 1938
3 more not listed; retrieve them via the Exa API.