Phifer v. Travellers Insurance Co.
Supreme Court of North Carolina
Civil ACTION upon a policy of insurance issued by the defendant to Charles L. Vonhurst, deceased husband of intestate of plaintiff, for his wife’s benefit The action was institúted in the Superior Court of Union County, and at January Term, 1898, was heard before Oreen, J., upon a motion for judgment for want of a proper verified answer to the verified complaint. The answer was verified by a general agent of the company, but who was not an officer of the company.
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Civil ACTION upon a policy of insurance issued by the defendant to Charles L. Vonhurst, deceased husband of intestate of plaintiff, for his wife’s benefit The action was institúted in the Superior Court of Union County, and at January Term, 1898, was heard before Oreen, J., upon a motion for judgment for want of a proper verified answer to the verified complaint. The answer was verified by a general agent of the company, but who was not an officer of the company. The defendant moved for a continuance to amend verification — motion disallowed, and judgment rendered for the plaintiff and…
1Opinion of the Court
Douglas, J :
This is an application under Section 274 of The Code to set aside a judgment taken against the defendant through his excusable neglect.
The original action' was upon a policy of insurance, and was brought by plaintiff against defendant on March 31, 1897, to the August Term, 1897, of Union Superior Court. About April 22,1897, a local attorney,' not the counsel now representing it here, was employed on behalf of defendant to appear for it and make its defence in said action. At the appearance term he entered an appearance for defendant, and an order was made by consent granting both…
2Cases cited4 opinions
- Skinner v. . TerrySupreme Court of North Carolina · 1890
- Banks v. Gay Manufacturing Co.Supreme Court of North Carolina · 1891
- Mauney v. . GidneySupreme Court of North Carolina · 1883
- Whitson v. Western North Carolina RailroadSupreme Court of North Carolina · 1886
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- Cantwell v. Herring.Supreme Court of North Carolina · 1900
- Mann v. . HallSupreme Court of North Carolina · 1913
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