Proffitt v. State Mutual Fire Insurance
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at tbe June Special Term, 1918, of' A VERY. This is an action on a fire insurance policy, the property burned being a storehouse. The defendant denied liability ánd set up the special defenses that the plaintiff was not the sole and unconditional owner of the property at the time the policy was issued, and that he failed to make proof of loss within sixty days after the fire, as required by the policy.
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Appeal by defendant from Cline, J., at tbe June Special Term, 1918, of' A VERY. This is an action on a fire insurance policy, the property burned being a storehouse. The defendant denied liability ánd set up the special defenses that the plaintiff was not the sole and unconditional owner of the property at the time the policy was issued, and that he failed to make proof of loss within sixty days after the fire, as required by the policy. There was a verdict and judgment for the plaintiff, and the defendant appealed, assigning the following errors: First Exception: To the ruling of the court…
1Opinion of the CourtAlleN, J.
1. The paper-writing referred to in the first assignment of error is a deed to the plaintiff for the lot on which the storehouse was situate. It bears date prior to the time the policy was issued, but was not registered until after the fire, and for this reason the defendant objected to its being offered in evidence. The objection was properly overruled as a deed is good between the parties, and, except as against purchasers and creditors, without registration. Warren v. Williford, 148 N. C., 479; Brown v. Hutchinson, 155 N. C., 207; Jordan v. Ins. Co., 151 N. C., 342.
In the first of these…
2Cases cited7 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Warren v. . WillifordSupreme Court of North Carolina · 1908
- Parker v. . Insurance Co.Supreme Court of North Carolina · 1906
- Gidney v. . MooreSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Misskelley v. Home Life Insurance Co.Supreme Court of North Carolina · 1933
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Merchants National Bank v. PackSupreme Court of North Carolina · 1919
- Dulin v. WilliamsSupreme Court of North Carolina · 1953
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