{
  "id": 8657793,
  "name": "JAMES E. TEMPLE, administrator of W. T. Temple, v. MASSACHUSETTS BENEFIT LIFE ASSOCIATION",
  "name_abbreviation": "Temple v. Massachusetts Benefit Life Ass'n",
  "decision_date": "1899-02-28",
  "docket_number": "",
  "first_page": "66",
  "last_page": "69",
  "citations": [
    {
      "type": "official",
      "cite": "124 N.C. 66"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 222,
    "char_count": 4089,
    "ocr_confidence": 0.464,
    "sha256": "6e54fca421eb1e02b1c739fd9bba735af13ae0398422944b3d42038f57904f4e",
    "simhash": "1:369bba86a350cd7e",
    "word_count": 693
  },
  "last_updated": "2023-07-14T20:09:58.946028+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JAMES E. TEMPLE, administrator of W. T. Temple, v. MASSACHUSETTS BENEFIT LIFE ASSOCIATION."
    ],
    "opinions": [
      {
        "text": "Olaric, J.\nThe application for insurance was made January 5th, 1897; the policy was delivered to the assured January 11, 1897, and he died March 16, 1897. The defendant relies upon a clause on the back of the policy \u2014 \u201cThis policy shall not become operative so as to bind the Association until the first annual premium is paid and the policy is actually delivered to the member herein named during his life and good health.\u201d The jury responded \u201cNo\u201d in response to the fourth issue \u2014 \u201cDid insured make false representations in his application and examination?\u201d and there was no exception. There was no evidence of a change of health between the application, January 5th, and the delivery of the policy and payment of premium January 11th. On the contrary the evidence of defendant\u2019s witnesses concurred with plaintiff\u2019s, that the assured was at work as usual in his business of hauling logs up to eight or ten days of his death, and the attending physician says he -died of gastralgia, a disease which, from its nature, could not have possessed him on January 11th, at the delivery of the policy, if he worked hauling logs for nearly two months thereafter.\nThe jury find, \u201cNo\u201d as to the sixth issue \u2014 \u201cWas said policy delivered to W. T. Temple during his lifetime and while in good health?\u201d There being not a scintilla of evidence as to change of health between the application on January 5, when the response to the fourth issue finds that the applicant\u2019s representations as to his health were true, and the delivery of the policy on January 11th, these findings are clearly inconsistent and contradictory. The brevity of time \u2014 six days \u2014 warranted no presumption1 of change of health, and upon identically the same evidence the jury have made contradictory findings. The Court should have granted the plaintiff\u2019s motion to set aside the verdict upon that ground.\nNew trial.",
        "type": "majority",
        "author": "Olaric, J."
      }
    ],
    "attorneys": [
      "Messrs. G. W. Ward and E. F. Aydlett, for plaintiff (appellant) .",
      "Messrs. Shepherd & Busbee, J. W. Hinsdale, and Pruden. & Pruden, for defendant."
    ],
    "corrections": "",
    "head_matter": "JAMES E. TEMPLE, administrator of W. T. Temple, v. MASSACHUSETTS BENEFIT LIFE ASSOCIATION.\n(Decided February 28, 1899).\nIssues \u2014 Verdict\u2014Contradictory Findings.\nThe remedy for inconsistent and contradictory findings of the issues submitted to the jury is to set aside the verdict.\nCivil Action, upon a life insurance policy, tried before Timberlahe, J., at July Special Term, 1898, of Pasquo-TANK Superior Court. The policy had this clause on the back of it: \u201cThis policy shall not become operative so as to bind the Association until the first annual premium is paid and the policy is actually delivered to the member herein named, during his life and good health.\u201d\nThe application for insurance was made by the intestate of plaintiff on January 5, 1897, and stated that he was in good health \u2014 his answer being in the negative to the following- inquiry made in his examination:\nQ. 17. \u201cHave you any ailment, disease or disorder, or suspicion of any?\u201d A. \u201cNo.\u201d\nThe premium was paid and the policy was delivered to the assured on January 11, 1897. He died March 16, 1897. The defense was, that he was in bad health when the application was made, January 5, and when the policy was delivered, January 11, 1897. The evidence was conflicting as to the state of his bodily health in January, 1897, but there was no evidence of a change of health between the application, January 5, and the delivery of the policy and payment of premium, January 11. The evidence was to the contrary. He was engaged in his usual business, hauling logs, up to eight or ten days of his death.\nThe fourth issue reads:\n4. \u201cDid insured make false representations in his application and examination?\u201d\nTo this the jury answered, \u201cNo.\u201d\nThe sixth issue reads:\n6. \u201cWas said policy delivered to W. T. Temple during his lifetime, and while in good health?\u201d\nTo this the jury answered, \u201cNo.\u201d\nThe plaintiff moved the Court to set aside the verdict of the jury, for the reason that their findings are inconsistent.\nMotion overruled; plaintiff excepted,judgment in favor of defendant.\nAppeal by plaintiff.\nMessrs. G. W. Ward and E. F. Aydlett, for plaintiff (appellant) .\nMessrs. Shepherd & Busbee, J. W. Hinsdale, and Pruden. & Pruden, for defendant."
  },
  "file_name": "0066-01",
  "first_page_order": 94,
  "last_page_order": 97
}