Parker v. . Insurance Co.
Supreme Court of North Carolina
AotxoN by W. P. Parker and another against Continental Insurance Company, beard by Judge O. II. Allen and a jury, at the June Term, 1906, of the Superior Court of Buree.
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AotxoN by W. P. Parker and another against Continental Insurance Company, beard by Judge O. II. Allen and a jury, at the June Term, 1906, of the Superior Court of Buree. This action was brought to recover the sum of $1,500 alleged to be due on a fire insurance policy, issued 8 November, 1901, by the defendant to the plaintiff, on a stock of goods, which were destroyed by fire 18 November, 1901. The summons was issued 14 May, 1904, and served on Avery & Ervin, local agents of the defendant company at Mor-ganton. The defendant entered a special appearance and moved to dismiss the action because…
1Opinion of the Court
WalKer, J.,
after stating the case: The motion to dismiss the action was properly denied. The Eevisal, sec. 4150, does require service of legal process upon any foreign insurance company, licensed to do business in this State, to be made by leaving the. same with the Insurance Commissioner, and it provides that in such a case no other service shall be valid. But it does not appear affirmatively in this case that the defendant is a licensed company. In the absence of any statement of the facts by the presiding Judge, we must assume that be found sucb facts as would sustain bis ruling. Whitehead…
2Cases cited10 opinions
- Carter v. . RountreeSupreme Court of North Carolina · 1891
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Bray v. Insurance Co.Supreme Court of North Carolina · 1905
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912
- Irvin v. . HarrisSupreme Court of North Carolina · 1921
13 more not listed; retrieve them via the Exa API.