Wynne v. Liverpool & London & Globe Insurance
Supreme Court of North Carolina
Civil aotioN for the recovery of a loss by fire, tried by His Honor, Judge Moore, at Spring Term, 1874, of TteRell Superior Court. Plaintiff brought this action upon a policy of insurance issued by defendant, against the loss by fire of plaintiffs store and stock of goods.
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Civil aotioN for the recovery of a loss by fire, tried by His Honor, Judge Moore, at Spring Term, 1874, of TteRell Superior Court. Plaintiff brought this action upon a policy of insurance issued by defendant, against the loss by fire of plaintiffs store and stock of goods. The answer admitted the execution of the policy, but alleged that the contract of insurance was subject to other terms, conditions and limitations and restrictions, than those set forth in the complaint, viz: To certain conditions and warranties that were contained in the application of the plaintiff, a copy of which was…
1Opinion of the CourtPbaesoN, C. J.
1. The point made on the fact that after the amendment1-was allowed, no further evidence was offered and the case was immediately put to the jury, has nothing to rest upon; for it is a settled principle that the legal effect of an amendment is to put the case in the same plight and condition, as if the matter introduced by the amendment had been inserted in the original proceeding at the outset. So here it is the same in legal effect, as if “ the application ” had been set out in “ the complaint ” when it was originally filed. Now this familiar principle follows the rule in equity procedure…
2Cited by5 opinions
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