Hornthal v. Western Insurance
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. The plaintiffs’ action is upon a fire insurance policy issued by the defendant company upon a stock of goods subsequently burned, and the recovery is resisted upon the grounds: 1. There was a false representation, having the force of a warranty, that the amount of previous insurance on the property was twenty-four thousand dollars, while it was in excess of that sum. 2. There were…
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Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. The plaintiffs’ action is upon a fire insurance policy issued by the defendant company upon a stock of goods subsequently burned, and the recovery is resisted upon the grounds: 1. There was a false representation, having the force of a warranty, that the amount of previous insurance on the property was twenty-four thousand dollars, while it was in excess of that sum. 2. There were insurances afterwards taken out on the same property in other companies, without the written endorsed consent of the defendant…
1Opinion of the Court
Smith, C. J.,
after stating the above. The clauses in the policy which, it is claimed, vitiates and annuls the contract of insurance upon the facts ascertained are these:
1. The application, plan, survey, or description of the property herein insured, referred to in this policy, shall be considered a part of this contract and a warranty by the assured during the time this policy is kept in force. * * * If the assured shall have or shall hereafter make any other contract of insurance, whether valid or not, on the property hereby insured, or any part thereof, without the consent of this company…
2Cases cited3 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Collins v. Farmville Insurance & Banking Co.Supreme Court of North Carolina · 1878
- Argall v. Old North State InsuranceSupreme Court of North Carolina · 1881
3Cited by7 opinions
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- Ward v. Durham Life Insurance Co.Supreme Court of North Carolina · 1989
- Wood v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Scottish Fire Insurance v. Stuyvesant InsuranceSupreme Court of North Carolina · 1913
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