{
  "id": 8622430,
  "name": "WILMA E. FERRELL v. METROPOLITAN LIFE INSURANCE COMPANY",
  "name_abbreviation": "Ferrell v. Metropolitan Life Insurance",
  "decision_date": "1934-09-19",
  "docket_number": "",
  "first_page": "51",
  "last_page": "52",
  "citations": [
    {
      "type": "official",
      "cite": "207 N.C. 51"
    }
  ],
  "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": 175,
    "char_count": 2584,
    "ocr_confidence": 0.451,
    "pagerank": {
      "raw": 2.1817571926436697e-07,
      "percentile": 0.7727382947808926
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    "sha256": "fee8d27907ea8063c46b3bdd40276ba52ca6e51db6845d42a04486c6bf96fccf",
    "simhash": "1:18609fc152faa935",
    "word_count": 421
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  "last_updated": "2023-07-14T19:17:31.653514+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WILMA E. FERRELL v. METROPOLITAN LIFE INSURANCE COMPANY."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nTbe plaintiff made out a prima facie case. Tbe defendant offered evidence tending to show that tbe policy in suit lapsed for nonpayment of semiannual premium clue 26 October, 1932. The credibility of defendant\u2019s defense was challenged by plaintiff\u2019s denial of assured\u2019s signature to the written acknowledgment. This made it a case for the jury.\nThere was error in directing the verdict.\nNew trial.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "G. B. Morris and JoJm II. Hall for plaintiff.",
      "Worth & Horner for defendant."
    ],
    "corrections": "",
    "head_matter": "WILMA E. FERRELL v. METROPOLITAN LIFE INSURANCE COMPANY.\n(Filed 19 September, 1934.)\nTrial D b: Insurance P d \u2014 Evidence on issue of payment of premium held conflicting, and directed verdict in insurer\u2019s favor was error.\nWhere tbe right of plaintiff to recover upon a policy of life insurance in which she is named beneficiary is made to depend solely upon whether a premium thereon had been paid, and plaintiff introduces insurer\u2019s receipt therefor, but insurer introduces evidence that the insured\u2019s check given in payment was worthless and was returned to insured upon his written acknowledgment that the receipt had been lost, and plaintiff testifies that the purported signature of insured to the acknowledgment was not genuine: Held, the evidence as to payment was conflicting and raised an issue for the jury, and the direction of a verdict in insurer\u2019s favor was error.\nAppeal by plaintiff from Devin, J., at May Term, 1934, of Cur-RITUCIC.\nCivil action to recover on a $2,000 policy of life insurance.\nUpon tbe bearing tbe issuance of tbe policy in suit upon tbe life of plaintiff\u2019s busband, she being named as beneficiary therein, tbe payment of the first semiannual premium on 26 April, 1932, and tbe death of tbe insured on 5 February, 1933, were all admitted. Thereupon, tbe plaintiff offered in evidence an official receipt for tbe semiannual premium due 26 October, 1932, found by her after her husband\u2019s death, and rested. Tbe genuineness of the signature on this receipt was not questioned.\nIn answer, tbe defendant offered evidence tending to show that tbe semiannual receipt of 26 October, 1932, was issued upon tender of a check which proved to be worthless; that said check was returned to the-assured 18 January, 1933, upon written acknowledgment by him that tbe official semiannual receipt of 26 October, 1932, bad been lost.\nIn rebuttal, tbe plaintiff testified that tbe purported signature of her busband to said acknowledgment was not genuine.\nTbe court directed a verdict for tbe defendant, and from tbe judgment entered thereon tbe plaintiff appeals, assigning errors.\nG. B. Morris and JoJm II. Hall for plaintiff.\nWorth & Horner for defendant."
  },
  "file_name": "0051-01",
  "first_page_order": 119,
  "last_page_order": 120
}