Burrus v. Life Insurance Co.
Supreme Court of North Carolina
Civil ActioN against tbe defendant for wrongfully can-celling a policy on plaintiff’s life, wbicb be bad taken out for tbe benefit of bis wife, tried before Brown, J., at May Term, 1898, of CraveN Superior Court. Tbe complaint claimed a return of all premiums paid, witb interest.
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Civil ActioN against tbe defendant for wrongfully can-celling a policy on plaintiff’s life, wbicb be bad taken out for tbe benefit of bis wife, tried before Brown, J., at May Term, 1898, of CraveN Superior Court. Tbe complaint claimed a return of all premiums paid, witb interest. Tbe answer sets up as a defense tbe non-payment of a bimonthly premium, due November 25, 1894, for tbe sum of $16.90. Tbe policy was a five-year policy, witb privilege of renewal, at increased premium — premiums payable bimonthly. In settlement of these premiums, it was arranged that the company should draw sight…
1Opinion of the CourtMoNtgombry, J.
Tbe plaintiffs (husband’s) life was insured in tbe defendant company for tbe benefit of tbe feme plaintiff, and a premium became due on November 25, 1894. Tbe same was not paid at that day, and tbe defendant refused to reinstate tbe plaintiff’s policy unless be would submit to a re-examination and be found to be in good bealtb, altbougb be bad sent tbe amount of tbe premium to tbe company on tbe first, of December following. Tbe plaintiff refused to "be re-examined and insisted that tbe company bad unlawfully cancelled tbe policy. Tbe plaintiff alleged that tbe defendant, after the issuing of…
2Cases cited3 opinions
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