Evans v. Metropolitan Life Insurance

Supreme Court of North Carolina

Evans v. Metropolitan Life Insurance

162 S.E. 554, 202 N.C. 830, 1932 N.C. LEXIS 250

DecidedFebruary 17, 1932

StatusPublished

This text of 162 S.E. 554 (Evans v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Metropolitan Life Insurance, 162 S.E. 554, 202 N.C. 830, 1932 N.C. LEXIS 250 (N.C. 1932).

Pincite

Opinion

Pee Cueiam.

The defendant issued a policy of insurance on the life of Willie Jenkins, naming Lucy Jenkins, his wife, as the beneficiary. The insured died and the defendant gave its check payable to Lucy Jenkins for the amount due on the policy and sent it to N. C. Wall, the defendant’s agent. After the payee had endorsed the check Wall collected the whole amount and paid the plaintiff his bill for preparing the body for burial. Sometime afterwards an altercation occurred between Wall and the plaintiff in reference to a receipt for the amount paid. The plaintiff brought suit against the defendant alleging that he had been assaulted by its agent while he was acting within the scope of his authority. The defendant demurred and the trial court sustained the demurrer, being of opinion that, although it was alleged that the agent was acting within the scope of his authority the allegations of fact are inconsistent with and repugnant to this statement. In our opinion the judgment should be

Affirmed.

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Pee Cueiam.

The defendant issued a policy of insurance on the life of Willie Jenkins, naming Lucy Jenkins, his wife, as the beneficiary. The insured died and the defendant gave its check payable to Lucy Jenkins for the amount due on the policy and sent it to N. C. Wall, the defendant’s agent. After the payee had endorsed the check Wall collected the whole amount and paid the plaintiff his bill for preparing the body for burial. Sometime afterwards an altercation occurred between Wall and the plaintiff in reference to a receipt for the amount paid. The plaintiff brought suit against the defendant alleging that he had been assaulted by its agent while he was acting within the scope of his authority. The defendant demurred and the trial court sustained the demurrer, being of opinion that, although it was alleged that the agent was acting within the scope of his authority the allegations of fact are inconsistent with and repugnant to this statement. In our opinion the judgment should be

Affirmed.

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Bluebook (online)

162 S.E. 554, 202 N.C. 830, 1932 N.C. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-metropolitan-life-insurance-nc-1932.