Pretzfelder v. Merchants Insurance Co. of Newark
Supreme Court of North Carolina
Civil action to recover loss by fire upon Policies issued by the Fire Insurance Cos., defendants, tried before Coble, J., and a jury at Spring Term, 1898, of Guilford Superior Court. The attempt to adjust the loss by appraisal having failed, the plaintiff instituted this action, embracing all the Companies in one action so as to apportion the damages among them.
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Civil action to recover loss by fire upon Policies issued by the Fire Insurance Cos., defendants, tried before Coble, J., and a jury at Spring Term, 1898, of Guilford Superior Court. The attempt to adjust the loss by appraisal having failed, the plaintiff instituted this action, embracing all the Companies in one action so as to apportion the damages among them. The following issues were submitted : 1. Did the defendants make the contracts of insurance alleged in the complaint ? Answer, Yes. 2. Was the plaintiff’s stock of goods damaged in the manner as alleged ? Answer, Yes. 3. If so, what…
1Opinion of the Court
Clark, J.:
The first exception, for failure to submit additional issues, is without merit. Every phase of the dispute as to the facts could have been passed upon under the five issues submitted by the court. Willis v. Railroad, 122 N. C., 906; Patterson v. Mills, 121 N. C., 258; Coley v. Statesville, Ibid 301. The additional issue asked for, which was most pressed, was, “Did defend ants waive proofs of loss ?” Upon the issues found and the undisputed evidence, that was a question of law, for the demand alleged by the defendants, for a reference of the loss to appraisers, under a provision in…
2Cases cited3 opinions
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- Braddy & Gaylord v. New York Bowery Fire InsuranceSupreme Court of North Carolina · 1894
3Cited by44 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Brewer v. RingSupreme Court of North Carolina · 1919
- State v. Matthews.Supreme Court of North Carolina · 1906
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