MacE v. Provident Life Ass'n
Supreme Court of North Carolina
civil ACTION, tried before Gravea, J., at Spring Term, 1880, of the Superior Court of OkaveN County. It is alleged in the complaint, in substance, that the defendant company is an incorporated Insurance Company doing business in this State; that by a policy of insurance duly executed, and dated the 7th day of September, 1885, upon the life of G. W. Dickinson, it contracted, upon the conditions and stipulations contained in the policy, to pay in the event of the death of…
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civil ACTION, tried before Gravea, J., at Spring Term, 1880, of the Superior Court of OkaveN County. It is alleged in the complaint, in substance, that the defendant company is an incorporated Insurance Company doing business in this State; that by a policy of insurance duly executed, and dated the 7th day of September, 1885, upon the life of G. W. Dickinson, it contracted, upon the conditions and stipulations contained in the policy, to pay in the event of the death of Dickinson, the sum of $2,250 to the plaintiff and the sum of $750 to the wife of the said Dickinson; that all its…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. The rejection of the issues tendered by the defendant presents the first exception in the record.
Issues should be so framed as to present clearly and fairly to the jury the questions of fact controverted, but no particular form is requisite, and every material question raised by the pleadings is presented in the issues submitted, and there was no error in rejecting those tendered Meredith v. Cranberry Coal and Iron Co., 99 N. C., 576 ; Cuthbertson v. Ins. Co., 96 N. C., 480, and cases there cited.
2. During the course of the trial the defendant’s counsel…
2Cases cited7 opinions
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
- Rufus Bobbitt v. . Liverpool and London and Globe Ins.Supreme Court of North Carolina · 1872
- Sugg v. Hartford Fire InsuranceSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stewart v. American Life Ins. Co.Court of Appeals for the Tenth Circuit · 1937
- Follette v. United States Mutual Accident Ass'nSupreme Court of North Carolina · 1890
- Ormond v. Connecticut Mutual Life InsuranceSupreme Court of North Carolina · 1907
- Evans v. Independent Nat. Life Ins. Co.Louisiana Court of Appeal · 1932