Cowell v. Phoenix Insurance
Supreme Court of North Carolina
Civil AgtioN to recover tbe amount of a fire insurance policy, tried before Starbuck, J., at Eall Term, 1899, of Pamlico County. Tbe defense was that tbe plaintiff was not tbe owner of tbe bouse insured, and burned,- and. bad concealed that fact from the company. Tbe jury rendered a verdict in favor of plaintiff, and judgment was rendered accordingly. Defendant appealed. Tbe opinion states tbe facts in evidence.
1Opinion of the CourtFaircloth, C. J.
This is an action to recover tbe amount of a fire insurance policy. Tbe defendant issued tbe policy to tbe plaintiff on a dwelling bouse, household furniture and other personal property. Policy issued May 24, 1898, and the property was destroyed by fire November 21, 1898. These facts are admitted. Tbe defense is that the plaintiff was pot the sole and unconditional owner oí the house when it was insured nor when it was burnt; that the plaintiff concealed the fact that he was not the owner of the land on which the house was situated and failed to disclose the true ownership thereof, and that…
2Cases cited2 opinions
- Shaw v. CarbreyMassachusetts Supreme Judicial Court · 1866
- Baldwin v. Citizens' InsuranceNew York Supreme Court · 1891
3Cited by11 opinions
- Childress v. AbelesSupreme Court of North Carolina · 1954
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- German Insurance v. ShaderNebraska Supreme Court · 1903
- Roberts v. American Alliance InsuranceSupreme Court of North Carolina · 1937
- Bowen v. . PerkinsSupreme Court of North Carolina · 1911
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