Proctor v. Georgia Home Insurance
Supreme Court of North Carolina
Civil ActioN, upon a fire insurance policy, to recover a loss by fire, tried before Timberlalce, J., at April Term, 1898, of Wake Superior Court, on appeal from Justice’s Court. One Ben McCullers borrowed $110 of B. E. Montague, attorney of plaintiff, I. M. Proctor, and executed a mortgage to Montague, attorney, to secure tbe debt, and as additional security insured tbe buildings on tbe land against fire in tbe Georgia Home Insurance Company.
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Civil ActioN, upon a fire insurance policy, to recover a loss by fire, tried before Timberlalce, J., at April Term, 1898, of Wake Superior Court, on appeal from Justice’s Court. One Ben McCullers borrowed $110 of B. E. Montague, attorney of plaintiff, I. M. Proctor, and executed a mortgage to Montague, attorney, to secure tbe debt, and as additional security insured tbe buildings on tbe land against fire in tbe Georgia Home Insurance Company. Tbe policy contained tbe clause, “Loss, if any, payable to B. E. Montague, attorney, and assured, as their interests may appear.” In July, 1893,…
1Opinion of the CourtClark, J.
One McCullers, having given to tbe plaintiff a mortgage on realty for $110 as collateral security, took out a policy in tbe defendant company for $150, expressed to be paid to tbe plaintiff and insurer “as their interests may appear.” A fire occurred and tbe loss of $150 has been sustained. McCullers has departed tbe State or keeps bis whereabouts unknown, and this action is brought by the mortgagee alone, and the question is, can it be sustained of is McOullers a necessary party ?
We are of the opinion that he is. As to the mortgaged property, the mortgagee, being made trustee, can upon…
2Cases cited2 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Bray v. . CreekmoreSupreme Court of North Carolina · 1891
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- Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
- Fidelity Co. v. Jordan.Supreme Court of North Carolina · 1904
- Woodcock v. Bostic.Supreme Court of North Carolina · 1901
- GEORGIA CASUALTY & SURETY COMPANY v. PincusCourt of Appeals of Georgia · 1954
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