Legal Opinion

Elam v. Smithdeal Realty & Insurance

Supreme Court of North Carolina

Decided December 7, 1921PublishedCited by 54 opinions

Appeal by plaintiff from Webb, J., at May Term, 1921, of Fobsyth. Civil action to recover damages for failure to procure a policy of insurance protecting plaintiff’s automobile in case of collision, etc. At tbe close of plaintiff’s evidence, on motion, there was judgment of non-suit, and plaintiff excepted and appealed.

1Opinion of the CourtHoke, J.

There was evidence on the part óf plaintiff tending to show that on or about 31 March, 1919, the plaintiff entered into a contract with defendant company, doing business, among other things, as insurance agents and brokers, to procure a policy of $5,000 on the car of defendant, affording protection against damage by fire or collision or other kind of accident. That shortly thereafter the said agent come to plaintiff, who was at the time presently engaged at his business in a tobacco warehouse, and told witness he had obtained the policy desired, and had left same for plaintiff at the garage…

2Cases cited12 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
  3. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
  4. Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
  5. Bowen v. KingSupreme Court of North Carolina · 1907

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

3Cited by54 opinions

  1. Ursini v. GoldmanSupreme Court of Connecticut · 1934
  2. Burroughs v. BunchCourt of Appeals of Texas · 1948
  3. American Mortgage Investment Co. v. Hardin-Stockton Corp.Missouri Court of Appeals · 1984
  4. Hamacher v. TUMYOregon Supreme Court · 1960
  5. Boney, Insurance Comr. v. . Insurance Co.Supreme Court of North Carolina · 1938

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

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