Legal Opinion

Proffitt Mercantile Co. v. State Mutual Fire Insurance

Supreme Court of North Carolina

Decided December 4, 1918PublishedCited by 11 opinions

Appeal by defendant from Cline, J., at June Special Term, 1918, of Aveky.

1Opinion of the Court

Claek, 0. J.

This action is to recover for loss by fire upon two insurance policies, one for $300 on fixtures and $1,000 on stock of goods. Tb.e loss by fire and tbe value of tbe goods are not in controversy. . Tbe defendant in its brief abandons all exceptions except 7 and 8. Exception 7 is because tbe court refused to nonsuit tbe plaintiff because of tbe failure of tbe plaintiff to file claim for loss and because tbe property was mortgaged, and Exception .8 is because tbe court instructed tbe jury “If you believe tbe evidence in this case to answer tbe issue ‘Yes/ ” and to assess tbe…

2Cases cited3 opinions

  1. Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
  2. Parker v. . Insurance Co.Supreme Court of North Carolina · 1906
  3. Cauley v. . DunnSupreme Court of North Carolina · 1914

3Cited by11 opinions

  1. Commercial Solvents, Inc. v. JohnsonSupreme Court of North Carolina · 1952
  2. Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
  3. Hawkins v. M & J FINANCE CORP.Supreme Court of North Carolina · 1953
  4. Misskelley v. Home Life Insurance Co.Supreme Court of North Carolina · 1933
  5. Rhodes v. RaxterSupreme Court of North Carolina · 1955

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