Supreme Court of North Carolina September 5, 1897 (Burrus v. Life Insurance Co.)

Faircloth, C. J.:

One of the material questions presented is whether the defendant’s draft for premium on policy was duly presented. The plaintiff testified that he received a letter saying that the draft had been sent, that he applied at one of the Newbern banks, where he had usually received drafts, and the bank said it had not received the draft, and that it had not been presented to him.