Conigland v. N. C. Mutual Life Insurance
Supreme Court of North Carolina
Bill, filed to Spring Term 1867 of the Court of Equity for Halifax, and at same term set for hearing by consent upon pleadings and exhibits, an,d transmitted to the Supreme Court.
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Bill, filed to Spring Term 1867 of the Court of Equity for Halifax, and at same term set for hearing by consent upon pleadings and exhibits, an,d transmitted to the Supreme Court. The complainant alleged that the defendant was a Mutual Insurance Company chartered by the General Assembly, and that by its charter all who insured in it became members; that in 1853 he had taken out a policy upon his own life, agreeing to pay one-half of the annual premium in cash and the other by note; that he complied with his contract until and including the 3d of August 1865, whereby he continued to be a…
1Opinion of the CourtPearson, C. J.
A buys of B ten bags of cotton, informing him that his purpose is to ship to Liverpool on speculation, pays one half of the price in cash, and gives his note for balance; the cotton is lost on the voyage by the “ perils of the sea.” Would it enter into any man’s head to conceive that A could in equity enjoin the collection of the note, upon the ground that the cotton was lost, that there was a total failure of consideration? Too much learning sometimes smothers the case and excludes a plain, common sense view, upon which its merits depend.
How does our case differ from the cotton case? The…
Also in this document: Per curiam.
2Cited by6 opinions
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- Buck v. RossSouth Dakota Supreme Court · 1932
- Cab Co. v. . Casualty Co.Supreme Court of North Carolina · 1941
- Blue Bird Cab Co. v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1941
- Insurance Co. v. . PowellSupreme Court of North Carolina · 1874
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