Roberta Manufacturing Co. v. Royal Exchange Assurance Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at March Term, 1912, of MECKLENBURG. This is an action to recover upon- divers policies of insurance, eleven in number, alleged to have been issued by the defendants to the plaintiff on its property, which was destroyed by fire on 25 December, 1910. Five of these policies were alleged to have been issued by tbe Royal Exchange Assurance Company and its four associates on 26 November, 1910, tbe said companies being, at tbe time, represented…
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Appeal by defendant from Lyon, J., at March Term, 1912, of MECKLENBURG. This is an action to recover upon- divers policies of insurance, eleven in number, alleged to have been issued by the defendants to the plaintiff on its property, which was destroyed by fire on 25 December, 1910. Five of these policies were alleged to have been issued by tbe Royal Exchange Assurance Company and its four associates on 26 November, 1910, tbe said companies being, at tbe time, represented by C. N. G. Butt & Co., an insurance agency at Charlotte, N. 0., and their policies have, by consent and for convenience,…
1Opinion of the Court
Walkee, J.,
after stating the case: The decisive question in this ease is, whether the Concord policies were delivered so as to become effectual as insurance contracts. Counsel for the Charlotte companies virtually, or at least tacitly, conceded, as we think very properly, that the Charlotte policies had been accepted by the plaintiff and were in force at the time of the fire which destroyed the insured property. If anything besides this frank admission were needed to show the fact, the letter of Mr. Griffith of the firm of C. N. G. Butt & Co. to S. M. Robinson, dated 17 December, 1910, and…
2Cases cited22 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Insurance Co. v. ColtSupreme Court of the United States · 1875
- Agen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1900
- Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Johnson v. Rhode Island InsuranceSupreme Court of North Carolina · 1916
- State Farm Mutual Automobile Insurance v. PedersonSupreme Court of Virginia · 1947
- Motsinger v. PerrymanSupreme Court of North Carolina · 1940
- Brown v. . WardSupreme Court of North Carolina · 1942
- State Farm Mutual Automobile Insurance v. MillerSupreme Court of Virginia · 1953
19 more not listed; retrieve them via the Exa API.