Commonwealth Mutual Fire Insurance v. Edwards
Supreme Court of North Carolina
Civil ActioN, instituted in the Justice’s Court of Wase County, to enforce assessments Upon two policies of insurance. There were written pleadings, complaint and demurrer. The demurrer was sustained, and an appeal taken to the Superior Court, and tried before Brown, J., February 2, 1899, who overruled the demurrer with leave to the defendants to answer. The defendants appealed. The principal grounds of tbe complaint and demurrer are stated in tbe opinion.
1Opinion of the CourtDouglas, J.
Tbis is an action brought by tbe receiver of a mutual insurance company for the collection of certain assessments upon tbe defendants, levied under a decree of tbe Superior Judicial Court, of tbe State of Massachusetts. Tbe case comes before us on demurrer. ' Tbis disposes in limine of all statutes of limitation, which, in cases like tbe present, can be availed of only by answer. Tbe Code, section 138; Guthrie v. Bacon, 107 N. C., 337; Randolph v. Randolph, Ibid., 506; Albertson v. Terry, 109 N. C., 8. Tbis rule, however, does not apply to possessory titles, which are more in tbe nature of…
2Cases cited6 opinions
- Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
- Asbury v. . FairSupreme Court of North Carolina · 1892
- Guthrie v. . BaconSupreme Court of North Carolina · 1890
- Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
- Freeman v. . SpragueSupreme Court of North Carolina · 1880
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3Cited by8 opinions
- Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998
- Glenn v. WagnerSupreme Court of North Carolina · 1985
- State v. ScottSupreme Court of North Carolina · 1921
- Miller v. Barnwell Bros.Court of Appeals for the Fourth Circuit · 1943
- Martin v. Pilot IndustriesCourt of Appeals for the Fourth Circuit · 1980
3 more not listed; retrieve them via the Exa API.