Pioneer Manufacturing Co. v. Phœnix Assurance Co.
Supreme Court of North Carolina
Civil actioN, tried at April Term, 1891, of Wake Superior Court, Winston, J., presiding. This action is founded upon a policy of insurance whereby the 'defendant insured the plaintiff as to certain property therein specified against loss by fire.
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Civil actioN, tried at April Term, 1891, of Wake Superior Court, Winston, J., presiding. This action is founded upon a policy of insurance whereby the 'defendant insured the plaintiff as to certain property therein specified against loss by fire. The following is so much of the policy as need be reported : This Policy of Assurance Wiinesseth, That the Pioneer Manufacturing Company, having paid to the Phoenix Assurance Company of London the sum of $84.00, for insurance from loss and damage by fire (subject to the agreements and conditions herein contained) of the property hereinafter…
1Opinion of the CourtMerrimon, C. J.
after stating the case: The Court properly declined to submit to the jury the issues of fact proposed by the defendant in respect to “the engine, two boilers with inspirator and connections.” These things had been eliminated from the complaint before the trial began, for reasons that will presently be stated. They were not in question, and hence all such issues were immaterial. Indeed it would have been improper to submit them, because they would have tended, more or less, to mislead and confuse the jury as to the inquiries they were charged to make.
The plaintiff alleged in its complaint the…
2Cases cited1 opinion
- Pioneer Manufacturing Co. v. Phœnix Assurance Co. of LondonSupreme Court of North Carolina · 1890
3Cited by10 opinions
- Modern Woodmen of America v. YanowskyCourt of Appeals of Texas · 1916
- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
- Laughinghouse v. Great National InsuranceSupreme Court of North Carolina · 1931
- Roberts, Willis & Taylor Co. v. Sun Mutual InsuranceCourt of Appeals of Texas · 1896
- Wright v. MERCURY INSURANCE COMPANYSupreme Court of North Carolina · 1956
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