Ferrell v. Metropolitan Life Insurance

The case turns on whether the semiannual premium of $28.32, due 26 November, 1932, was paid by the insured. After plaintiff’s husband’s death on 5 February, 1933, she found among his papers the policy in suit, together with premium receipt for the November payment. It is the position of plaintiff that under “the law of the case,” as declared on two former appeals, reported in 207 N. C., 51, and 208 N. C., 420, the issue was one for the jury. C. S., 567. The defendant, on the other hand, contends that under the evidence tending to show November premium payment was made by worthless check,…