Green v. Fidelity-Phenix Fire Insurance

The first appeal raises these questions:

1. Is the plaintiff Gosnell, the insured and mortgagor, bound by the award of the appraisers ?

2. Is the plaintiff Green, the mortgagee, bound by it?

In deciding these questions, we must assume that the allegations of fact in the complaint are true. This is so because the judgment was entered on tbe pleadings pursuant to tbe motion of tbe defendant. Raleigh v. Fisher, 232 N.C. 629, 61 S.E. 2d 897.

Tbe complaint alleges these things concerning tbe award: That Gos-nell, tbe insured and mortgagor, and tbe insurance company were not able to agree upon tbe…