Grubbs v. North Carolina Home Insurance
Supreme Court of North Carolina
This was a civil ACTION, tried before Womack, J., at January Term, 1890, of Nokti-iamptoN Superior Court, to recover-damages against the defendant for the loss by fire of certain property insured by the defendant as set forth in the pleadings. The defendant tendered, among others, the following issue: 5.Was the insurance in the Pelican Insurance Company, Liverpool, London and Globe Insurance Company, Virginia Fire and Marine Insurance Company, and in the Mt.
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This was a civil ACTION, tried before Womack, J., at January Term, 1890, of Nokti-iamptoN Superior Court, to recover-damages against the defendant for the loss by fire of certain property insured by the defendant as set forth in the pleadings. The defendant tendered, among others, the following issue: 5.Was the insurance in the Pelican Insurance Company, Liverpool, London and Globe Insurance Company, Virginia Fire and Marine Insurance Company, and in the Mt. Vernon Insurance Company made^ known to the defendant? ■The issues submitted, with the responses to each, were as follows: 1. “ Did the…
1Opinion of the CourtAvery, J.
after stating the facts: The defendant asked the Court to instruct the jury that, upon consideration of all the evidence, there was no waiver of the condition of the policy, requiring the written consent of the defendant to be endorsed upon it provided the plaintiff should take out additional insurance in other companies. This request was equivalent to a demurrer to the whole of the evidence, it being admitted that additional insurance was taken out in other companies after the policy sued on was issued, without first securing the written endorsement of the defendant’s consent upon it in…
2Cases cited27 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
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