{
  "id": 8620603,
  "name": "CONSTANCE ZAYTOUN LAMAR v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation",
  "name_abbreviation": "Lamar v. John Hancock Mutual Life Insurance",
  "decision_date": "1959-02-25",
  "docket_number": "",
  "first_page": "643",
  "last_page": "644",
  "citations": [
    {
      "type": "official",
      "cite": "249 N.C. 643"
    }
  ],
  "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": 239,
    "char_count": 2815,
    "ocr_confidence": 0.479,
    "pagerank": {
      "raw": 5.925142974760291e-08,
      "percentile": 0.3700124987981925
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    "sha256": "300155e6ce1b727a59897b603ebed584a92cae533398faf9d47090dcf5dddb72",
    "simhash": "1:fc20ff4823c63fd6",
    "word_count": 457
  },
  "last_updated": "2023-07-14T22:25:15.863799+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "MooRE, J., took no part in the consideration or decision of this case."
    ],
    "parties": [
      "CONSTANCE ZAYTOUN LAMAR v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation"
    ],
    "opinions": [
      {
        "text": "PER Curiam.\nUpon the facts stipulated by the parties, the conclusion reached by the trial court follows as clearly as does the night follow the day. Citation of authority is not required to sustain the judgment below. Hence it is\nAffirmed.\nMooRE, J., took no part in the consideration or decision of this case.",
        "type": "majority",
        "author": "PER Curiam."
      }
    ],
    "attorneys": [
      "Barden, Stith & McCotter for plaintiff, appellant.",
      "Varser, McIntyre, Henry & Hedgpeth for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "CONSTANCE ZAYTOUN LAMAR v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation\n(Filed 25 February, 1959.)\nInsurance \u00a7 42\u2014\nDeath of a soldier in action during the \u201cKorean Conflict\u201d occurs while he is in the military service in time of war, \u201cwhether such war jbe declared or undeclared\u201d within the exclusion of a double indemnity provision in 'a life insurance policy.\nMoore, J., took no part in the consideration or decision of this case.\nAppeal by plaintiff from Moore (C. L.) J., at November 1958 Term of GeaveN.\nCivil action to recover on insurance policy No. 4390754, known as an ordinary insurance policy issued by defendant, on the life of Thomas C. Lamar in principal amount of $5,000.00 payable at his death to Constance Zaytoun Lamar, his wife, with \u201csupplementary provision\u201d for additional benefit of $5,000.00 on death caused \u201cdireotly, independently and exclusively of all other causes, by a bodily injury sustained solely by external, violent, and accidental means * * * \u201d subject to the condition that no such additional benefit will be payable \u201cif death * * * occurs while 'the insured is in military, naval or air service * * * in time of war, whether such war be declared or undeclared.\u201d\nAnd the parties stipulate that insured was a reserve officer in the United Stat\u00e9s Army, recalled into service, occasioned by what is commonly called \u201cThe Korean Conflict,\u201d and ordered to Korea by Presidential Proclamation, and thereafter \u201con or about October 17, 1951, was killed in action during said armed conflict which was then in progress between the Armed Forces of 'the United States and .those of North Korea, as a result of being struck by shrapnel or gun fire.\u201d\nAnd defendant has paid plaintiff, as .beneficiary under said policy, the sum of Five Thousand Dollars, but has refused to. pay. any additional amount by reason of the supplemental provision 'attached to the policy hereinabove set out.\nThe parties waived a jury trial, and filed a stipulation containing the facts, and asked the court to declare the law arising thereon and to enter judgment accordingly. Thereupon the trial judge held that plaintiff is not entitled to recover herein, and that defendant i.s entitled to recover of plaintiff and surety on her cost bond all costs incurred herein as taxed by the Clerk of Superior Court.\nPlaintiff excepted thereto and appeals to Supreme Court and assigns error.\nBarden, Stith & McCotter for plaintiff, appellant.\nVarser, McIntyre, Henry & Hedgpeth for defendant, appellee."
  },
  "file_name": "0643-01",
  "first_page_order": 685,
  "last_page_order": 686
}