Clark Millinery Co. v. National Union Fire Insurance
Supreme Court of North Carolina
Appeal by defendant, from Justice, J., at January Term, 1912, of "WILSON. This is an action brought in the Superior Court by the millinery company to recover on certain fire insurance policies issued to it by the defendants. The coplaintiff, F. S. Hassell, was apjoointed receiver of the millinery company, a corporation which had become insolvent, and made a party to the action, at his own request.
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Appeal by defendant, from Justice, J., at January Term, 1912, of "WILSON. This is an action brought in the Superior Court by the millinery company to recover on certain fire insurance policies issued to it by the defendants. The coplaintiff, F. S. Hassell, was apjoointed receiver of the millinery company, a corporation which had become insolvent, and made a party to the action, at his own request. The property destroyed by fire was a stock of merchandise, consisting chiefly of millinery and notions and store furniture and fixtures. The parties agreed to submit to arbitration the ascertainment…
1Opinion of the CourtWalker, J.
The defendant resists recovery upon three grounds:
First. That the action was prematurely brought. It was found by the jury that the company, soon after the award was filed, denied its liability thereunder, through its adjuster, and the finding is fully supported by the evidence. The adjuster, after examining the award, refused to allow the arbitrators to rearrange the figures and place them in their proper columns, and in reply to a request that he permit this change to be made so that it might appear clearly what was intended, he said: “It •is tlo good. I demand another appraisal. We are not…
2Cases cited31 opinions
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
26 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Junta de Relaciones del Trabajo v. New York & Porto Rico Steamship Co.Supreme Court of Puerto Rico · 1949
- Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1943
- Hetzel v. Pacific Mutual Life InsuranceWest Virginia Supreme Court · 1929
- McQuaid Market House Co. v. Home Insurance Co.Supreme Court of Minnesota · 1920
- Coleman Co. v. International UnionSupreme Court of Kansas · 1957
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