Tillery v. Royal Benefit Society & Royal Fraternal Ass'n
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at October Term, 1913, of Carteret. This is an action, commenced in the Superior Court, to recover the amount of an insurance policy and certain sick benefits which 'had accrued prior to the death of the insured. ■The plaintiff alleges that'he is entitled to recover $150, the face of the policy, and $52 sick benefits, and demands judgment for $202. The policy is not in the record, and thfere is nothing to show that the demand' of the…
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Appeal by defendant from Whedbee, J., at October Term, 1913, of Carteret. This is an action, commenced in the Superior Court, to recover the amount of an insurance policy and certain sick benefits which 'had accrued prior to the death of the insured. ■The plaintiff alleges that'he is entitled to recover $150, the face of the policy, and $52 sick benefits, and demands judgment for $202. The policy is not in the record, and thfere is nothing to show that the demand' of the plaintiff is not made in good faith. Tbe plaintiff recovered $142, and tbe defendant moves in tbe Supreme Court to dismiss…
1Opinion of the CourtAlleN, J.
A motion to dismiss for want of jurisdiction may be made for tbe first time in tbe Supreme Court (McDonald v. McArthur, 154 N. C., 122); but it is not tbe recovery which determines jurisdiction. It is tbe amount demanded in good faith (Brock v. Scott, 159 N. C., 516); and as it appears tbat tbe plaintiff demanded $202, and there is nothing in tbe record from which bad faith can be inferred, tbe motion to dismiss must be denied.
The first assignment of error is without merit. There was no request for a special instruction, and if one had been requested, covering the statements in the…
2Cases cited2 opinions
- McDonald v. MacArthur Bros.Supreme Court of North Carolina · 1910
- Brock v. . ScottSupreme Court of North Carolina · 1912
3Cited by7 opinions
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Dependents of Thompson v. . Funeral HomeSupreme Court of North Carolina · 1934
- Greenville Banking & Trust Co. v. LeggettSupreme Court of North Carolina · 1926
- Hilgreen v. . Cleaners Tailors Inc.Supreme Court of North Carolina · 1945
- Hilgreen v. Sherman's Cleaners & Tailors, Inc.Supreme Court of North Carolina · 1945
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