Legal Opinion

Pioneer Manufacturing Co. v. Phœnix Assurance Co. of London

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 23 opinions

This was a civil ACTION, tried before Avery, J, and a jury, at August Term, 1888, of the Superior Court of Wake County. The plaintiff’s action was based upon a policy of insurance issued by the defendant company, by which it contracted to insure against loss or damage by fire, certain property of the plaintiff described in the complaint.

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This was a civil ACTION, tried before Avery, J, and a jury, at August Term, 1888, of the Superior Court of Wake County. The plaintiff’s action was based upon a policy of insurance issued by the defendant company, by which it contracted to insure against loss or damage by fire, certain property of the plaintiff described in the complaint. On, or about, the 20th day of October, 1886, all of said property was destroyed by fire except the engine and two boilers, &c., which, it is alleged, were greatly damaged. The defendant denied its liability on several grounds, which are illustrated by the…

1Opinion of the Court

Shepheed, J.:

The defendant relies upon several defences, but the only one necessary to be considered in order to dispose of this appeal is founded upon the following clause in the policy of insurance, which is the basis of this action:

“The amount of sound value, and of the loss or damage, shall be determined by agreement between the company and the assured, but if, at any time, differences shall arise as to the amount of loss ór damage, * * * every such difference shall, at the written request of either party, be submitted, at an equal expense to each of the parties, to two competent and…

2Cases cited1 opinion

  1. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889

3Cited by23 opinions

  1. Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
  2. Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
  3. Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
  4. The Home Insurance Co. v. WattsMississippi Supreme Court · 1957
  5. Zalesky v. Home InsuranceSupreme Court of Iowa · 1897

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