Legal Opinion

McIntosh v. North State Fire Insurance

Supreme Court of North Carolina

Decided March 2, 1910PublishedCited by 7 opinions

Appeal from Guión, J., December Term. 1909, of CbaveN. Upon motion, the court adjudged tbat the complaint failed to state a cause of action against the defendant, and rendered judgment dismissing the action.

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Appeal from Guión, J., December Term. 1909, of CbaveN. Upon motion, the court adjudged tbat the complaint failed to state a cause of action against the defendant, and rendered judgment dismissing the action. Plaintiffs, complaining of the defendant, allege: 1. That the defendant is, and was at the times hereinafter complained of, a corporation engaged in the fire insurance business in the State of North Carolina, as plaintiffs are advised, informed and believe. 2. That the plaintiff A. H. McIntosh, on 14 June, 1899, married the plaintiff Sally Ann McIntosh, who was then the widow of C. R.…

1Opinion of the CourtPrown, J.

This action appears from the complaint to be brought by A. TL McIntosh, Sadie and Pearlie Price, infants, by their next friend, A. H. McIntosh, and Sallie McIntosh, wife of A. H. McIntosh, to recover for a loss by fire upon a standard policy of insurance in which A. H. McIntosh is the sole beneficiary.

Prom the complaint it appears that- the property belonged to C. R. Price, and at his death descended to his two daughters, the infants herein named, and that his widow has a dower interest in a portion of it. Plaintiff A. H. McIntosh married the widow, and afterwards at his own expense…

2Cases cited6 opinions

  1. Glenny v. LangdonSupreme Court of the United States · 1878
  2. Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
  3. Hayes v. United States Fire InsuranceSupreme Court of North Carolina · 1903
  4. Coggins v. . Insurance Co.Supreme Court of North Carolina · 1907
  5. Holton v. . AndrewsSupreme Court of North Carolina · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Great American Ins. Co. v. JohnsonCourt of Appeals for the Fourth Circuit · 1928
  2. Hardin v. Liverpool & London & Globe InsuranceSupreme Court of North Carolina · 1925
  3. Gaskill v. Northern Assurance Co.Washington Supreme Court · 1913
  4. Roberts v. American Alliance InsuranceSupreme Court of North Carolina · 1937
  5. Archer v. McClureSupreme Court of North Carolina · 1914

2 more not listed; retrieve them via the Exa API.

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