McGee v. Continental Life Insurance

168 S.E. 511, 204 N.C. 424, 1933 N.C. LEXIS 155

Opinion

Stacy, C. J.

The case turns on whether the semiannual premium of $24.02, due 13 May, 1931, on the policy in suit, was paid within the 30-day period of grace. We agree with counsel for defendant that the evidence is not sufficient to go to the jury on this question.

The mailing of currency in an envelope, addressed to an insurance company, with return address thereon of one other than the assured, and with nothing therein to indicate what it is for, nothing else appearing, will not suffice to show payment of premium due on a particular policy.

This accords with the general holdings on the subject. Annotation, 47 A. L. R., 886, 48 C. J., 594; Campbell v. Supreme Lodge, 47 N. E. (Mass.), 109; Gurney v. Howe, 75 Mass., 404; Crane v. Pratt, 78 Gray, 348; Donald v. Ins. Co., 4 S. C., 321; 3 Couch on Insurance, sec. 601.

Nor are our own decisions at variance with the general rule. Coile v. Com. Travelers, 161 N. C., 104, 76 S. E., 622; Hollowell v. Ins. Co., 126 N. C., 398, 35 S. E., 616; Whitley v. Ins. Co., 71 N. C., 480. The motion to nonsuit should have been allowed.

Reversed.

ClaeksoN. J.. dissents.