Ormond v. . the Insurance Co.
Supreme Court of North Carolina
Civil action, tried before Shepherd, Judge, at Fall Term, 1886, of G-reene Superior Court. The parties to this action agree upon the following as the facts material to the decision of the question of law involved in the action, and consent that judgment may be rendered thereon as on a special verdict. The plaintiff and Margaret A. Ormond, on the 13th of November, 1884, made application for a policy of insurance in the defendant’s company upon the life of Margaret A..
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Civil action, tried before Shepherd, Judge, at Fall Term, 1886, of G-reene Superior Court. The parties to this action agree upon the following as the facts material to the decision of the question of law involved in the action, and consent that judgment may be rendered thereon as on a special verdict. The plaintiff and Margaret A. Ormond, on the 13th of November, 1884, made application for a policy of insurance in the defendant’s company upon the life of Margaret A.. Ormond for the benefit of the plaintiff. That said application was taken by one Thomas McGee, an agent of the defendant, and…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). Among the clauses found in the application, made with the by-laws and by express words in the policy, a part of it, is the following:
“ 3. That under no circumstances shall the policy hereby applied for be in force, until the actual payment to, and acceptance of the annual dues by the Association or its authorized agent, during the life-time and good health of the party who is proposed for membership and insurance.”
The policy itself contains a recital clause, declaring, “ and whereas the first payment of such annual dues having first been received by the…
2Cases cited1 opinion
- Whitley v. Peidmont & Arlington Life InsuranceSupreme Court of North Carolina · 1874
3Cited by17 opinions
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Lee v. Prudential Life InsuranceMassachusetts Supreme Judicial Court · 1909
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Powell v. Prudential Insurance Co. of AmericaSupreme Court of Alabama · 1907
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
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