{
  "id": 8632189,
  "name": "J. C. MALLARD v. \u00c6TNA LIFE INSURANCE COMPANY",
  "name_abbreviation": "Mallard v. \u00c6tna Life Insurance",
  "decision_date": "1934-01-10",
  "docket_number": "",
  "first_page": "846",
  "last_page": "847",
  "citations": [
    {
      "type": "official",
      "cite": "205 N.C. 846"
    }
  ],
  "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": 155,
    "char_count": 1907,
    "ocr_confidence": 0.454,
    "sha256": "0dceb230565f015c3c4e62fe6f0f24be154db943e2c1fcb65319268277a8f92e",
    "simhash": "1:8e779a8e5921509e",
    "word_count": 317
  },
  "last_updated": "2023-07-14T16:12:31.066060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. C. MALLARD v. \u00c6TNA LIFE INSURANCE COMPANY."
    ],
    "opinions": [
      {
        "text": "Pee OuRiAM.\nAn examination of the record discloses no reversible error either in the admission of evidence or in the charge of the trial judge. The merit of the controversy involved an issue of fact, and such issue has been determined by the jury adversely to the plaintiff.\nAffirmed.",
        "type": "majority",
        "author": "Pee OuRiAM."
      }
    ],
    "attorneys": [
      "Oscar B. Turner for plaintiff.",
      "Kenneth 0. Royall and Wm. F. Howland for defendant."
    ],
    "corrections": "",
    "head_matter": "J. C. MALLARD v. \u00c6TNA LIFE INSURANCE COMPANY.\n(Filed 10 January, 1934.)\nCivil actioN, before Harris, J., at March Term, 1933, of Duplin.\nTbe evidence tended to show that on 24 March, 1924, tbe defendant issued and delivered to tbe plaintiff a certain policy of insurance, providing that: \u201cIf tbe insured becomes totally and permanently disabled and is thereby prevented from performing any work or conducting- any business for compensation or profit, . . . tbe company will, if there has been no default in tbe payment of premiums, waive tbe payment of all premiums falling due during such disability after tbe receipt of such proof;\n\u201cIf such disability existed before the insured attained the age of sixty years, the company will pay to the insured the sum of .ten dollars for each one thousand dollars of the amount of insurance and will pay the same sum on the same day of every month thereafter during' the lifetime and the continuance of such disability of the insured, the first payment to become due on evidence of such disability.\u201d\nThe plaintiff offered evidence to the effect that he became disabled within the terms of the policy in August, 1925. There was also evidence to the contrary.\nThe following issue was submitted to the jury: \u201cDid the plaintiff on 30 August, 1925, become totally and permanently disabled, and thereby prevented from performing any work or conducting any business for compensation or profit.\u201d The jury answered the issue \u201cNo,\u201d and from judgment upon the verdict denying recovery, the plaintiff appealed.\nOscar B. Turner for plaintiff.\nKenneth 0. Royall and Wm. F. Howland for defendant."
  },
  "file_name": "0846-02",
  "first_page_order": 910,
  "last_page_order": 911
}