Mertens v. Provident Mutual Life Insurance

6 S.E.2d 496, 216 N.C. 741

• Court: Supreme Court of North Carolina
• Decided: January 3, 1940
• Status: Published

Opinion

Per Curiam.

Under the terms of the policy, the disability for which claim is made must have been sustained before the insured became sixty-five years of age. He reached that age 23 July, 1934. He alleged total and permanent disability prior to that date. The evidence disclosed that he worked continuously as a bookkeeper at a salary of $1,800 per year until May, 1937, though enfeebled by physical infirmity and lessening eyesight.

The ruling of the court below in sustaining the motion for nonsuit must be upheld and the judgment dismissing the action

Affirmed.