Robinson v. Brotherhood of Locomotive Firemen & Engineers
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at February Term, 1915, of Guilford. Civil action to recover on a policy of insurance.
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Appeal by defendant from Lyon, J., at February Term, 1915, of Guilford. Civil action to recover on a policy of insurance. On tbe trial it was made to appear tbat in November, 1911, Adolpbus Robinson died, being a member of defendant order and bolding a policy of insurance therein or a beneficiary certificate for $2,000, of date 1907, plaintiff being tbe beneficiary, and tbat proper proof of sucb contract and death-bad been duly made; that payment of said certificate was refused by defendant on tbe ground, established by tbe verdict, tbat said Adolpbus Robinson, in making tbe application in…
1Opinion of the Court
Hoke, J.,
after stating the case: There being evidence tending to show that the policy or certificate sued on was issued contrary to the rules and regulations of defendant company as contained in its constitution and by-laws, the same cannot be recovered on unless this defect has been in some way waived or the company is estopped from insisting on a forfeiture. Speaking, then, to the facts as established by the verdict, it is the recognized position in this State that in one of these fraternal organizations having an insurance department as one of its features a member holding a policy of…
2Cases cited17 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
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3Cited by10 opinions
- Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
- Cullen v. Valley Forge Life InsuranceCourt of Appeals of North Carolina · 2003
- Thompson v. Equitable Life Assurance Society of United StatesSupreme Court of North Carolina · 1930
- Short v. LaFayette Life InsuranceSupreme Court of North Carolina · 1927
- Hampton v. Supreme Lodge Knights of PythiasSupreme Court of South Carolina · 1931
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