Muse v. London Assurance Corp.
Supreme Court of North Carolina
This is a motion, before Craves, J., at the October Term, 1890, of Superior Court of Moore County. The defendant moved for judgment upon the face of the pleadings.
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This is a motion, before Craves, J., at the October Term, 1890, of Superior Court of Moore County. The defendant moved for judgment upon the face of the pleadings. From the pleadings it appears that the defendant made a contract to insure the store-house of the plaintiffs, situate in the town of Cameron, North Carolina, and on the 7th day of June, 1885, received thirty-six dollars as premium and delivered to the plaintiffs its policy of insurance; that on the 31st day of August, 1885, the said store-house was totally destroyed by fire; that the plaintiffs have demanded the sum of one thousand…
1Opinion of the Court
Avery, J.:
It seems to be established that a provision in a policy that the insured may bring suit within twelve months after the loss, and not later, being in the nature of a condition precedent, is not in contravention of the policy of the statutes of limitation, and will be upheld by the Courts. May on Insurance, § 478; O’Laughlin v. Ins. Co., 11 Fed. Rep., 280; Fullom v. Ins. Co., 7 Gray, 61; Williams v. Ins. Co., 27 Vt., 99; Riddlebarger v. Ins. Co., 7 Wall., 386; Cray v. Ins. Co., 1 Blackford, 280. The weight of authority sustains the position, also, that “ the rights of the parties in…
2Cases cited9 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
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3Cited by24 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Avis v. Hartford Fire Insurance CompanySupreme Court of North Carolina · 1973
- Trull v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
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