Legal Opinion

Rufus Bobbitt v. . Liverpool and London and Globe Ins.

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 24 opinions

This was a eivil action, tried before His Hou©s*, Judge "Watts, at July Special Term 1871, of Granville Superior Court. The action was brought upon a policy of insurance issued by the defendant at the instance of plaintiff, to ai\d in the name of one Newnan, against the loss of certain tobacco, &c. by fire. The policy was based upon the application.

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This was a eivil action, tried before His Hou©s*, Judge "Watts, at July Special Term 1871, of Granville Superior Court. The action was brought upon a policy of insurance issued by the defendant at the instance of plaintiff, to ai\d in the name of one Newnan, against the loss of certain tobacco, &c. by fire. The policy was based upon the application. The application is in the usual form, and contains a series of questions propounded to Newnan, and his answers thereto, amongst others, the following: Q. What is the present cash value of the property on which insurance is wanted ? A. The present…

1Opinion of the CourtReadb, J.

The plaintiff made a written application to the defendant to insure his property, in which application he undertook to describe the property, its character, quantity, value and situation. In consequence of that application and the payment of $500, the defendant agreed to insure the property for twelve months against fire, or to pay $20,000 if the property should be burned if the loss should be so much, or else as much as the loss should be, and gave the plaintiff a policy to that effect.

The application was a printed form furnished by the defendant with questions to be answered, and with…

2Cited by24 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
  3. Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
  4. Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
  5. Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900

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