Legal Opinion

Wright v. . Insurance Co.

Supreme Court of North Carolina

Decided May 25, 1905Published

AotioN by R. II. Wright against Teutonia Insurance Company, beard by Judge B. B. Peebles and a jury, at the January Term, 1905, of the Superior Court of Dueham County.

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AotioN by R. II. Wright against Teutonia Insurance Company, beard by Judge B. B. Peebles and a jury, at the January Term, 1905, of the Superior Court of Dueham County. This action was brought to recover the amount of a policy of insurance issued by the defendant to Gorman-Wright Go., “on leaf and scrap tobacco and tobacco' stems, their own or held by them in trust or on condition or sold but not delivered,” to an amount not exceeding $1,500. The plaintiff alleged the insurance of the tobacco by the policy and that the defendant had agreed to transfer the insurance from the tobacco to certain…

1Opinion of the Court

Walker, J.,

after stating tbe case: It must be conceded that if in any view of tbe testimony, considered in tbe most favorable light for him, the plaintiff was entitled to recover, there was error in tbe ruling of» tbe court. Counsel in their arguments and .briefs discussed principally the question Avbetber, if tbe plaintiff bad failed to show a transfer of tbe insurance from tbe tobacco to tbe machinery, there were sufficient allegations in tbe complaint to entitle him to recover for the loss of tbe tobacco or any part of it. It may be granted that tbe plaintiff failed to show any transfer of…

2Cases cited10 opinions

  1. Stokes v. . TaylorSupreme Court of North Carolina · 1889
  2. Garrett v. . TrotterSupreme Court of North Carolina · 1871
  3. Johnson v. . FinchSupreme Court of North Carolina · 1885
  4. Rose v. BatesSupreme Court of Missouri · 1848
  5. Jones v. . MialSupreme Court of North Carolina · 1880

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