Fox v. Volunteer State Life Insurance

Pee Oubiam.

Civil action. Tbe case was brought to this Court at a former term, on appeal from a judgment of nonsuit (185 N. C., 121), and a new trial was awarded tbe plaintiff. It was admitted tbat tbe application (parts 1 and 2) and tbe policy, wben issued, should constitute tbe entire contract between tbe parties, and tbat tbe policy should not take effect until it was issued and delivered and tbe premium paid; but tbe Court held tbat tbe jury should be allowed to pass upon tbe defendant’s alleged negligent failure to deliver tbe policy in due time. Tbe case was again taken up at tbe May…