Modlin v. Atlantic Fire Insurance
Supreme Court of North Carolina
Appeal from Guión, J., Spring Term, 1909, of .Bertie. From a judgment for plaintiff defendant ajipealed. Tbe plaintiff alleged that be was tbe sole beneficial owner of tbe property insured; tbat defendant, on 5 July, 1906, issued its policy of insurance for $500; tbat tbe property was destroyed by fire 24 May, 1907, tbe policy being in force; tbat proof of loss was made, tbe loss adjusted and defendant promised to pay full amount of policy and issued its check therefor, but…
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Appeal from Guión, J., Spring Term, 1909, of .Bertie. From a judgment for plaintiff defendant ajipealed. Tbe plaintiff alleged that be was tbe sole beneficial owner of tbe property insured; tbat defendant, on 5 July, 1906, issued its policy of insurance for $500; tbat tbe property was destroyed by fire 24 May, 1907, tbe policy being in force; tbat proof of loss was made, tbe loss adjusted and defendant promised to pay full amount of policy and issued its check therefor, but tbe same was recalled before delivery to plaintiff; tbat tbe policy bad not been assigned, but was held simply as…
1Opinion of the CourtManning, J.
The defendant, during the trial, took several exceptions, which we will dispose of before considering the principal questions presented by the record. The defendant moved to strike out the order allowing the plaintiff to sue in forma pau-peris and to require a prosecution bond or deposit. The motion was heard by his Honor upon affidavits, and he disallowed it. This exception cannot be sustained under the decision of this Court in Christian v. Railroad, 136 N. C., 321. The defendant’s second exception was to the ruling of his Honor in permitting plaintiff to offer in evidence a part of…
2Cases cited29 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Wall v. StoutSupreme Court of North Carolina · 1984
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
24 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Boyd v. Bankers & Shippers Insurance CompanySupreme Court of North Carolina · 1957
- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
- Waller v. City of New York Ins.Oregon Supreme Court · 1917
- Hardin v. Liverpool & London & Globe InsuranceSupreme Court of North Carolina · 1925
29 more not listed; retrieve them via the Exa API.