Johnson v. Pilot Life Ins. Co, 93.
Decision Date | 26 February 1941 |
Docket Number | No. 93.,93. |
Citation | 13 S.E.2d 241,219 N.C. 202 |
Parties | JOHNSON. v. PILOT LIFE INS. CO. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Nash County; Luther Hamilton, Special Judge.
Action by R. L. Johnson against the Pilot Life Insurance Company to recover total permanent disability benefits under a life insurance policy and set aside a settlement and surrender of the policy for fraud. Judgment for plaintiff, and defendant appeals.
No error.
This was an action to recover upon the disability insurance provisions of a life insurance policy issued by defendant, and to set aside, on the ground of fraud, a settlement and surrender of the policy. The defendant denied fraud, pleaded fairness of the settlement, and set up the statute of limitations. The case was here at spring term, 1939, 215 N.C. 120, 1 S.E.2d 381, and again at spring term, 1940, 217 N.C. 139, 7 S.E.2d 475, 128 A.L.R. 1375. In the reports of these appeals the facts are sufficiently set out.
On the last trial below issues were submitted to the jury and answered as follows:
From judgment on the verdict, defendant appealed.
Itimous T. Valentine, Dan B. Bryan, and Harold D. Cooley, all of Nashville, for plaintiff-appellee.
O. B. Moss, of Spring Hope, Smith, Wharton & Hudgins, of Greensboro, and Battle, Winslow & Merrell, of Rocky Mount, for defendant-appellant.
In presenting its appeal, the defendant makes the following formal concession:
This narrows our consideration to a single point: Was the evidence upon the question of the discovery by the guardian of the facts constituting fraud such as to entitle the defendant to a judgment of nonsuit on the issue of the statute of limitations?
This same question, among others, was considered on the former appeal, reported in 217 N.C. 139, 7 S.E.2d 475, 128 A.L.R. 1375, and decided against the...
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