Perry v. Insurance Association.
Supreme Court of North Carolina
ActioN by T. J. Perry against Parmer’s Mutual Pire Association of North Carolina and others, heard by Judge G. W. Ward and a jury, at the February Term, 1905, of the Superior Court of UNION County. Plaintiff recovered judgment in the Superior Court of Union County against the Parmer’s Mutual Fire Insurance Association upon a policy issued by said corporation, “by and through the Union and Stanly Branch.”
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ActioN by T. J. Perry against Parmer’s Mutual Pire Association of North Carolina and others, heard by Judge G. W. Ward and a jury, at the February Term, 1905, of the Superior Court of UNION County. Plaintiff recovered judgment in the Superior Court of Union County against the Parmer’s Mutual Fire Insurance Association upon a policy issued by said corporation, “by and through the Union and Stanly Branch.” The judgment was affirmed by this court at the February Term, 1903, (132 N. 0. 283). It appearing from the record in that cause that the Union and Stanly Branch had ceased to exist and that…
1Opinion of the Court
CONNOR, J.,
after stating the case: Several interesting questions in regard to the right of the plaintiff to enforce the payment of his judgment by mandamus directed to the defendant corporation are eliminated by his course in withdrawing any demand therefor. When the appeal in the original action was before us, it appeared that the Union and Stanly County Branch, through which the policy was issued, had separated, and that the Union County Branch had assumed the liabilities of the original branch. We are not sure that we understand what is meant by the allegation in the answer that there was…
2Cases cited2 opinions
- Marshall Foundry Co. v. . KillianSupreme Court of North Carolina · 1888
- Perry v. Farmers' Mutual Life InsuranceSupreme Court of North Carolina · 1903
3Cited by3 opinions
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
- Peele v. PowellSupreme Court of North Carolina · 1911
- Peele v. . PowellSupreme Court of North Carolina · 1911