Stroud v. . Insurance Co.
Supreme Court of North Carolina
ActioN tried on appeal from tbe court of a justice of tbe peace, before Guión, Jand a jury, at September Term, 1907, of BuNcombe. Tbe plaintiffs, Peter Stroud and bis wife, Margaret, each sued defendant company for $100, money alleged to bave been obtained from them by false and fraudulent representations in reference to insurance policies issued to plaintiffs.
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ActioN tried on appeal from tbe court of a justice of tbe peace, before Guión, Jand a jury, at September Term, 1907, of BuNcombe. Tbe plaintiffs, Peter Stroud and bis wife, Margaret, each sued defendant company for $100, money alleged to bave been obtained from them by false and fraudulent representations in reference to insurance policies issued to plaintiffs. Tbe actions, without objections noted, were consolidated, and issues were submitted and responded to by tbe jury as follows : 1. “Is tbe defendant indebted to plaintiff Peter Stroud, and if so, in wbat sum ?” Answer: “Fifty-two…
1Opinion of the Court
Pek Cueiam :
This case is substantially similar to that of Caldwell v. Insurance Co., 140 N. C., 100, in wbicb a recovery by the plaintiff was sustained.
There was evidence on the part of plaintiffs tending to show that they were induced by false and fraudulent representations on the part of defendant’s agents to accept a policy of insurance in defendant company, on the assurance that at the end of five years they could get their money back, with interest. At the time specified plaintiffs demanded their money, and were induced by the same kind of assurances and statements to remain in the…
2Cases cited3 opinions
- Caldwell v. Insurance Co.Supreme Court of North Carolina · 1905
- Parker v. Southern Express Co.Supreme Court of North Carolina · 1903
- Manning v. . FountainSupreme Court of North Carolina · 1908
3Cited by18 opinions
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Sanders v. . RaganSupreme Court of North Carolina · 1916
- Wilkins v. Commercial Finance Co.Supreme Court of North Carolina · 1953
- Jones v. Life Insurance Co.Supreme Court of North Carolina · 1910
- Dunbar v. Tobacco Growers Cooperative Ass'nSupreme Court of North Carolina · 1925
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