Southern Stock Fire Insurance v. Raleigh
Supreme Court of North Carolina
Appeal by plaintiffs from Connor, J., at tbe November Term, 1919, of HARNETT. This is an action by an insurance company to recover tbe amount of. tbe insurance paid by tbe plaintiff to tbe Elm City Lumber Company on account of loss by fire alleged to have been caused by tbe negligence of tbe defendant. 1. On 11 November, 1912, a fire occurred wbicb destroyed lumber owned by tbe Elm City Lumber Company, amounting in value to upwards of $20,000. 2. On 3 December, 1914, tbe Elm…
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Appeal by plaintiffs from Connor, J., at tbe November Term, 1919, of HARNETT. This is an action by an insurance company to recover tbe amount of. tbe insurance paid by tbe plaintiff to tbe Elm City Lumber Company on account of loss by fire alleged to have been caused by tbe negligence of tbe defendant. 1. On 11 November, 1912, a fire occurred wbicb destroyed lumber owned by tbe Elm City Lumber Company, amounting in value to upwards of $20,000. 2. On 3 December, 1914, tbe Elm City Lumber Company and N. McLaughlin commenced an action against tbe defendant, returnable to tbe January Term, 1915,…
1Opinion of the CourtAllen, J.
His Honor was in error in bolding tbat be did not bave power to consolidate tbe several actions brought by tbe insurance' companies. See Ins. Co. v. R. R., at tbis term, opinion by Walker, J., where tbe precise question is fully discussed and decided.
Tbe same case also bolds tbat tbe Elm City lumber Company may be made a party, _ and tbat tbis would not change tbe character of tbe action.
If, however, tbe lumber company is not made a party, we are of opinion tbe consolidated action may be maintained, although tbe loss exceeds tbe insurance, if, as alleged, and so far not denied, tbe parties…
2Cited by8 opinions
- J & B Slurry Seal Co. v. Mid-South Aviation, Inc.Court of Appeals of North Carolina · 1987
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Vane v. C. Hoffberger CompanyCourt of Appeals of Maryland · 1950
- Wilkins v. JakewayDistrict Court, S.D. Ohio · 1998
- Lake v. JonesCourt of Special Appeals of Maryland · 1991
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