Hensley v. McDowell Furniture Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at September Term, 1913, of McDowell. Plaintiff sued for damages resulting from personal injury to Himself, alleged to Have been caused by tHe negligence of tHe furniture company, one .of tHe defendants. Afterwards tHe Maryland Casualty Company was made a defendant.
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Appeal by plaintiff from Justice, J., at September Term, 1913, of McDowell. Plaintiff sued for damages resulting from personal injury to Himself, alleged to Have been caused by tHe negligence of tHe furniture company, one .of tHe defendants. Afterwards tHe Maryland Casualty Company was made a defendant. THe following order appears in tHe ease: “THe defendant (casualty company) tHen offers tHe affidavit .of L. J. P. Cutlar, wHicH is filed in tHe record together with tHe policies, and tHe same not being denied by affidavit, and tHe court Having found'same to be true, it moves for a bill of…
1Opinion of the Court
Walker, J.,
after stating the facts: If the facts are truthfully stated in the affidavit of L. J. P. Cutlar, it is apparent that tbe Maryland Casualty Company has made no such contract with its codefendant, McDowell Furniture Company, as is alleged in the complaint, for the reason that the policy, which is set out in full and annexed to the affidavit, will bear no such construction as the plaintiff has put upon it, but a very different one in fact and in "law; and it may be further said that if the contract subsisting between the defendants at the time of the injury is correctly set forth in…
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