Ferrell v. Metro. Life Ins. Co
| Decision Date | 19 September 1934 |
| Docket Number | No. 36.,36. |
| Court | North Carolina Supreme Court |
| Parties | FERRELL. v. METROPOLITAN LIFE INS. CO. |
Appeal from Superior Court, Currituck County; Devin, Judge.
Action by Wilma E. Ferrell against the Metropolitan Life Insurance Company. From a judgment for defendant, plaintiff appeals.
New trial.
Civil action to recover on a $2,000 policy of life insurance.
Upon the hearing, the issuance of the policy in suit upon the life of plaintiff's husband, she being named as beneficiary therein, the payment of the first semiannual premium on April 26, 1932, and the death of the insured on February 5, 1933, were all admitted. Thereupon the plaintiff offered in evidence an official receipt for the semiannual premium due October 26, 1932, found by her after her husband's death, and rested. The genuineness of the signature on this receipt was not questioned.
In answer, the defendant offered evidence tending to show that the semiannual receipt of October 26, 1932, was issued upon tender of a check which proved to be worthless; that said check was returned to the assured January 18, 1933, upon written acknowledgment by him that the official semiannual receipt of October 26, 1932, had been lost.
In rebuttal, the plaintiff testified that the purported signature of her husband to said acknowledgment was not genuine.
The court directed a verdict for the defendant, and, from the judgment entered thereon, the plaintiff appeals, assigning errors.
C. R. Morris, of Currituck, and John H. Hall, of Elizabeth City, for appellant.
Worth & Horner, of Elizabeth City, for appellee.
The plaintiff made out a prima facie case. The defendant offered evidence tending to show that the policy in suit lapsed for nonpayment of semiannual premium due October 26, 1932. The credibility of defendant's defense was challenged by plaintiff's denial of assured's signature to the written acknowledgment. This made it a case for the jury.
There was error in directing the verdict.
New trial.
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Peterson v. Sucro, 4384.
...the cause to a jury without peremptory instruction. In support of this contention they cite the following authorities: Ferrell v. Metropolitan, 207 N.C. 51, 175 S.E. 692; Ferrell v. Metropolitan, 208 N.C. 420, 181 S.E. 327; Herr v. St. Louis & S. F. R. Co., 5 Cir., 174 F. 938; St. Louis & S......
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... ... face, is sufficient to keep the policy in force until ... December 14, 1935. This defeats the motion to nonsuit ... Ferrell v. Ins. Co., 208 N.C. 420, 181 S.E. 327; ... Id., 207 N.C. 51, 175 S.E. 692; Green v. Casualty ... Co., 203 N.C. 767, 167 S.E. 38 ... ...
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