Aiken v. Atlantic Life Insurance
Supreme Court of North Carolina
Civil actioN, tried before Webb, J., and a jury, at November Term, 1916, of Guilford. On 15 August, 1911, tbe American National Life Insurance Company of Lynchburg', Ya., issued and delivered to E. R. Aiken its policy of insurance upon bis life, payable to tbe plaintiff, bis wife, in tbe sum of $1,000. Tbe annual premium was $49.64. One year’s premium was paid at tbe time of tbe issuance of tbe policy, and thereafter tbe premium was payable semiannually; $24.82 on 15 August,…
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Civil actioN, tried before Webb, J., and a jury, at November Term, 1916, of Guilford. On 15 August, 1911, tbe American National Life Insurance Company of Lynchburg', Ya., issued and delivered to E. R. Aiken its policy of insurance upon bis life, payable to tbe plaintiff, bis wife, in tbe sum of $1,000. Tbe annual premium was $49.64. One year’s premium was paid at tbe time of tbe issuance of tbe policy, and thereafter tbe premium was payable semiannually; $24.82 on 15 August, 1912, and a like sum on tbe 15th day of February and August of each succeeding year. Tbe semiannual premium due 15…
1Opinion of the Court
Walker, J.,
after stating facts: The learned counsel who argued the case for the defendant in this Court, with his usual ability and clearness, stated very frankly that it turned upon two questions, first, whether the policy of insurance had lapsed for non-payment of premium, and, second, whether, as matter of law, upon the admitted facts, the contract had been abandoned by the plaintiff. The court, under correct instructions, as we think, submitted the question of abandonment to the jury and the verdict was against the defendant, the jury finding that the plaintiff did not intend to abandon…
2Cases cited16 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Bishop v. VoseSupreme Court of Connecticut · 1858
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
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- Central Carolina Bank & Trust Co. v. Security Life of Denver InsuranceDistrict Court, M.D. North Carolina · 2003
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