M. Pretzfelder & Co. v. Merchants' Insurance
Supreme Court of North Carolina
Civil aotioN, heard before Hohe, J., at August Term, 1894, of GuilioRD Superior Court, on demurrer to the complaint. The action was brought against several insurance companies whose policies the plaintiff held, to recover for the damage done to his stock of goods by fire.
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Civil aotioN, heard before Hohe, J., at August Term, 1894, of GuilioRD Superior Court, on demurrer to the complaint. The action was brought against several insurance companies whose policies the plaintiff held, to recover for the damage done to his stock of goods by fire. After alleging the issuance of the policies by the defendant companies and the-fire which occasioned the loss and damage, the complaint further sets out the following : “9. That immediately after the fire plaintiff notified the defendant companies thereof through their agent, R. G. Glenn, and the said Glenn at once notified…
1Opinion of the Court
Clark, J. :
The plaintiff was insured in several companies, the contract with each containing the provision that the plaintiff’s right of recovery against each was limited to the proportion of the loss which the amount named in the policy of each company should bear to the whole amount insured. It is not only no misjoinder, but essentially proper that all the companies should be made parties defendant. If each company should be sued separately, not only would the same proposition of law arise and the same evidence be gone over in five different actions at an expense of five times the amount of…
2Cases cited5 opinions
- Hamlin v. . TuckerSupreme Court of North Carolina · 1875
- Young v. YoungSupreme Court of North Carolina · 1879
- Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Braddy & Gaylord v. New York Bowery Fire InsuranceSupreme Court of North Carolina · 1894
- Heggie v. . HillSupreme Court of North Carolina · 1886
3Cited by21 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- Western Assur. Co. of Toronto v. DeckerCourt of Appeals for the Eighth Circuit · 1899
- Norwich Union Fire Ins. Soc., Limited v. CohnCourt of Appeals for the Tenth Circuit · 1933
- State Ex Rel. Cook v. SmithSupreme Court of North Carolina · 1896
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