Waters v. Security Life & Annuity Co.
Supreme Court of North Carolina
Civil aotioN on a policy of insurance, tried before Qoohe, J., and a jury, at December Term, 1906, Superior Court of BuR.ee County. Tbe defendants contended that: 1. No policy of insurance of defendant company had ever existed in favor of plaintiff’s intestate. 2. If any such policy had ever existed, the same had been canceled by mutual consent and was not in force at the time of intestate’s death.
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Civil aotioN on a policy of insurance, tried before Qoohe, J., and a jury, at December Term, 1906, Superior Court of BuR.ee County. Tbe defendants contended that: 1. No policy of insurance of defendant company had ever existed in favor of plaintiff’s intestate. 2. If any such policy had ever existed, the same had been canceled by mutual consent and was not in force at the time of intestate’s death. At the close of plaintiff’s evidence, and again at the close of the entire evidence, there was a motion by defendant to dismiss the action as on judgment of nonsuit. The latter motion was allowed,…
1Opinion of the CourtHoke, J.
There was evidence offered on the trial tending to show that in February, 1906, plaintiff’s intestate, a liveryman doing business in Morganton, N. 0., made written application for a policy of insurance of a specified kind in defendant company, passed a satisfactory physical examination and executed two notes as payment on premiums, each for $101.30, and payable, respectively-, one 1 November, 1906, and the second 1 March, 1907. The application, endorsed and approved by the company’s agent, was forwarded to the company and a policy was immediately issued, returned to defendant’s agent at…
2Cases cited14 opinions
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- National Bank v. HallSupreme Court of the United States · 1880
- Grier v. Mutual Life Insurance Co. of New YorkSupreme Court of North Carolina · 1903
- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Britton v. . Insurance Co.Supreme Court of North Carolina · 1914
- Storey v. StoreyCourt of Appeals for the Seventh Circuit · 1914
- Murphy v. Lafayette Mutual Life InsuranceSupreme Court of North Carolina · 1914
33 more not listed; retrieve them via the Exa API.