Ross v. New York Life Insurance
Supreme Court of North Carolina
Civil ActiON upon a money demand, tried before Allen,, J., at July Term, 1898, of RaNdolph Superior Court. Tbe facts are undisputed and appear in tbe opinion. On motion of defendant, tbe plaintiff was nonsuited and appealed.
1Opinion of the CourtFaiecloth, C. J.
Plaintiff’s intestate on September 27, 1895, made application for life insurance witb defendant’s agent and gave bis note for tbe first payment. Tbe application and note, wbicb was accepted as cash, were forwarded to tbe borne office. Tbe application contained tbis statement : “That tbe company shall incur no liability under tbis application until it has been received, approved, tbe policy issued thereon by tbe company at the borne office, and tbe premium has been actually paid to” and accepted by tbe com- pairy or its authorized agent during my life time and good health.” Plaintiff’s…
2Cases cited5 opinions
- Carr v. DuvalSupreme Court of the United States · 1840
- McCully's Adm'r v. Phœnix Mutual Life Ins.West Virginia Supreme Court · 1881
- Whitley v. Peidmont & Arlington Life InsuranceSupreme Court of North Carolina · 1874
- Ormond v. . the Insurance Co.Supreme Court of North Carolina · 1887
- Jacobs v. New York Life InsuranceMississippi Supreme Court · 1893
3Cited by12 opinions
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Hayes v. Durham Life Insurance CompanySupreme Court of Virginia · 1957
- Turlington v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1927
- Metropolitan, Etc., Ins. Co. v. BradyIndiana Court of Appeals · 1930
- Live Stock Insurance v. SticklerIndiana Court of Appeals · 1917
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