Lockhart v. . Cooper
Supreme Court of North Carolina
Civil ACTION tried at Fall Term, 1882, of Okans-e Superior Court, before Shipp, J. On November 8th, 1880, the plaintiff bought of the defendants, Cooper & Lunsford, (who were eonducting át Durham, N. 0., the business of storing and selling leaf tobacco, and had a warehouse used forthat purpose) twenty-five particular hogsheads of such tobacco then in their warehouse, at the price of $2,538.38, of which number five were removed and the others suffered to remain.
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Civil ACTION tried at Fall Term, 1882, of Okans-e Superior Court, before Shipp, J. On November 8th, 1880, the plaintiff bought of the defendants, Cooper & Lunsford, (who were eonducting át Durham, N. 0., the business of storing and selling leaf tobacco, and had a warehouse used forthat purpose) twenty-five particular hogsheads of such tobacco then in their warehouse, at the price of $2,538.38, of which number five were removed and the others suffered to remain. At the same time the plaintiff gave an acceptance payable on time for the purchase money, saying that in a few days he would remove…
1Opinion of the CourtSmith, C. J.
The only question we are called on to decide is whether the plaintiff’s tobacco upon the facts stated was held by the defendants Cooper & Lunsford at the time of the fire, “ in trust, or sold and not delivered,” in the sense of the contract of insurance, for the plaintiff, and he is entitled to share with them in the fund collected from the companies.
An insurance against loss by fire, effected by one who has no interest in the property insured, is but a wagering contract not sanctioned by the common law, and void. The interest must exist at the time the policy is .issued or the contract…
2Cases cited4 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- Savage v. Corn Exchange Fire & Inland InsuranceNew York Court of Appeals · 1867
- Phœnix Insurance v. FavoriteIllinois Supreme Court · 1868
3Cited by5 opinions
- Hartford Fire Ins. Co. v. EvansCourt of Appeals of Texas · 1923
- Stuyvesant Insurance v. ReidSupreme Court of North Carolina · 1916
- Lucas v. Insurance Co.West Virginia Supreme Court · 1883
- Pacific States Fire Ins. v. C. Rowan Motor Co.Oregon Supreme Court · 1927
- Wright v. . Insurance Co.Supreme Court of North Carolina · 1905