Smathers v. Bankers Life Insurance
Supreme Court of North Carolina
Appeal from Ferguson, J., February Term, 1909, of BunCOMBE. Civil action, beard on demurrer to complaint. Tbe complaint, in substance, alleged tbat plaintiff bad heretofore had a policy of life insurance in defendant company to tbe amount of $5,000, and bad paid tbe annual premium thereon for four years, from 1903. to 1906, inclusive, at tbe sum of $131.50 per year; tbat tbe insurance policy was taken by reason of a contract entered into between plaintiff and defendant,…
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Appeal from Ferguson, J., February Term, 1909, of BunCOMBE. Civil action, beard on demurrer to complaint. Tbe complaint, in substance, alleged tbat plaintiff bad heretofore had a policy of life insurance in defendant company to tbe amount of $5,000, and bad paid tbe annual premium thereon for four years, from 1903. to 1906, inclusive, at tbe sum of $131.50 per year; tbat tbe insurance policy was taken by reason of a contract entered into between plaintiff and defendant, separately drawn and evidenced, constituting plaintiff a member of tbe “board of advisory agents” of defendant company for…
1Opinion of the Court
Hoke, J.,
after stating the case: The statute applicable to the question presented (Revisal, sec. 4775) provides as follows:
*102“4775. Discrimination between insurants forbidden. No life insurance company doing business in this State shall make any distinction or discrimination in favor of individuals between insurants of the same class and equal expectation of life in the amount of payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any of the terms and conditions of the contract it makes; nor shall any…
2Cases cited11 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- King v. . WinantsSupreme Court of North Carolina · 1874
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Tate v. Commercial Building Ass'nSupreme Court of Virginia · 1899
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Guilford Lumber Manufacturing Co. v. JohnsonSupreme Court of North Carolina · 1919
- Lumber Co. v. . JohnsonSupreme Court of North Carolina · 1919
- Phosphate Co. v. . JohnsonSupreme Court of North Carolina · 1924
- Cananwill, Inc. v. EMAR Group, Inc.District Court, M.D. North Carolina · 1999
- Seminole Phosphate Co. v. JohnsonSupreme Court of North Carolina · 1924
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