Herndon v. Imperial Fire Insurance
Supreme Court of North Carolina
This was a civil action brought on an insurance policy to recover for loss by fire, tried at June Term, 1891, of the Superior Court of Durham County, before Boykin, J. The issues and findings were as follows: “ 1. Has there been an arbitrament and award as to the amount of damages which plaintiffs could recover under this policy ? Ans. No award. 2. Did plaintiff file with defendant notice and proof of loss as required by the policy? Ans.
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This was a civil action brought on an insurance policy to recover for loss by fire, tried at June Term, 1891, of the Superior Court of Durham County, before Boykin, J. The issues and findings were as follows: “ 1. Has there been an arbitrament and award as to the amount of damages which plaintiffs could recover under this policy ? Ans. No award. 2. Did plaintiff file with defendant notice and proof of loss as required by the policy? Ans. No. 3. Did defendant waive notice and proof of loss? Ans. Yes. 4. What was the damage done by the fire to the property included in the policy? Ans. Nine…
1Opinion of the Court
MERRIMON, C. J., and SHEPHERD, J., dissenting. The issues and findings were as follows:
1. Has there been an arbitrament and award as to the amount of damages which plaintiffs could recover under this policy? Ans.: No award.
2. Did plaintiff file with defendant notice and proof of loss, as required by the policy? Ans.: No.
3. Did defendant waive notice and proof of loss? Ans.: Yes.
4. What was the damage done by the fire to the property included in the policy? Ans.: Nine thousand two hundred dollars, with interest.
The other material facts are stated in the opinion. The plaintiff and defendant…
2Cases cited16 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Jones v. . CohenSupreme Court of North Carolina · 1880
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3Cited by4 opinions
- Toler v. . FrenchSupreme Court of North Carolina · 1938
- Robertson v. Scottish Union & National Ins.U.S. Circuit Court for the District of Western Virginia · 1895
- In Re the Administration of the Estate of ReynoldsSupreme Court of North Carolina · 1942
- Bowie v. . TuckerSupreme Court of North Carolina · 1933