Lowe v. . Fidelity and Casualty Co.
Supreme Court of North Carolina
Appeal by both parties from Harcting, J., at Spring Term, 1915, of Avery. Civil action tried upon an agreed state of facts. From the judgment rendered, plaintiff and defendant both appealed.
1DissentClark, C. J.
Civil action tried upon an agreed state of facts. From the judgment rendered, plaintiff and defendant both appealed. PLAINTIFF'S APPEAL. This action is brought on an indemnity bond to recover the amount of a judgment rendered against the Bobbin Company in favor of Mary Marcus, administratrix of Harlan Marcus, for the negligent killing of her intestate, for the sum of $6,650, the limitation in the bond sued on being $5,000.
The defense is:
1. That the insured failed to forward to defendant the summons and process served on insured when the action was commenced.
2. That the contract sued on is one…
2Cases cited9 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Fidelity & Casualty Co. v. MartinCourt of Appeals of Kentucky · 1915
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Combs v. HuntCourt of Appeals of Virginia · 1924
- Cormier v. HudsonMassachusetts Supreme Judicial Court · 1933
- Hartford Accident & Indemnity Co. v. RandallOhio Supreme Court · 1932
- Schambs v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1919
- Misskelley v. Home Life Insurance Co.Supreme Court of North Carolina · 1933
19 more not listed; retrieve them via the Exa API.