Supreme Court of North Carolina April 13, 1938 (Butler v. New York Life Insurance)

Stacy, C. J.

Plaintiff takes the position that the delivery of the policy, following receipt of the first premium, concluded the contract, in the absence of fraud,

Grier v. Ins. Co.,

132 N. C., 542, 44 S. E., 28, and that the provisions of 0. S., 6460 — the policy having been issued without medical examination — preclude a denial of liability except in case of fraud,

Holbrook v. Ins. Co.,

196 N.