Legal Opinion

Argall v. Old North State Insurance

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 8 opinions

Civil ActioN tried at Fall Term, 1880, of Johnston Superior Court, before Avery, J. This action was brought to recover the amount of a policy of insurance issued by defendant company, and the jury rendered a verdict in favor of plaintiff and the defendant appealed.

1Opinion of the CourtSmith, C. J.

The findings of the jury upon the series of issues submitted to them leave but two exceptions to be passed on in this appeal from the ruling of the court:

I. The sufficiency of the notice of loss, and:2. The sufficiency in form and time of the proof of loss.

The clauses in the policy out of which the points in dispute arise are as follows : “ Persons sustaining loss or damage by fire shall forthwith give notice of such loss to the company, and, as soon after as possible, render a particular .account of such loss, signed and sworn to by them, stating whether any and what other insurance has been…

2Cited by8 opinions

  1. Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
  2. Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1894
  3. Bullard v. Pilot Fire InsuranceSupreme Court of North Carolina · 1925
  4. Follette v. United States Mutual Accident Ass'nSupreme Court of North Carolina · 1890
  5. Hornthal v. Western InsuranceSupreme Court of North Carolina · 1883

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