Legal Opinion

Sexton v. Phoenix Ins.

Supreme Court of North Carolina

Decided February 24, 1903PublishedCited by 11 opinions

Action by S. L. Sexton against the Phoenix Insurance Company, heard by Judge Frederick Moore and a jury, at October Term, 1902, of the Superior Court of WashiNG-toN County. From a judgment for the defendant, the plaintiff appealed.

1Opinion of the CourtClark, C. J.

The plaintiff’s property was destroyed by fire while insured in defendant company, whose home office is in New York There has been no denial of liability on the part of defendant, and, after the loss but before adjustment of the amount due therefor, the indebtedness of said company was attached in New York by a creditor of the plaintiff under proceedings regular in form, and judgment recovered to the full amount due upon the policy by reason of the loss accruing from said fire.

The only questions arising upon this appeal are based upon the validity or invalidity of the New York judgment,…

2Cases cited11 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  2. Emerson v. GoodwinSupreme Court of Connecticut · 1833
  3. Phenix Insurance v. P. J. Willis & Bro.Texas Supreme Court · 1888
  4. Winfree v. . BagleySupreme Court of North Carolina · 1889
  5. Fisher v. ConsequaU.S. Circuit Court for the District of Pennsylvania · 1809

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Fico, Inc. v. GhingherCourt of Appeals of Maryland · 1980
  2. Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
  3. Brainard v. RogersCalifornia Court of Appeal · 1925
  4. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
  5. Merchants Bank v. WeaverSupreme Court of North Carolina · 1938

6 more not listed; retrieve them via the Exa API.

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