Blackburn v. St. Paul Fire & Marine Insurance
Supreme Court of North Carolina
Civil actioN, tried before Mclver, J., and a jury, at March Term, 1895, of Buncombe Superior Court, for the recovery upon a policy of fire insurance issued to Cynthia A. Blackburn, which by the consent of the defendant’s agent, endorsed on the bach, had been assigned to W. A. Blackburn, before the destruction of the property.
Read the full summary
Civil actioN, tried before Mclver, J., and a jury, at March Term, 1895, of Buncombe Superior Court, for the recovery upon a policy of fire insurance issued to Cynthia A. Blackburn, which by the consent of the defendant’s agent, endorsed on the bach, had been assigned to W. A. Blackburn, before the destruction of the property. The defendants after formerly denying portions of the complaint, for a further defence alleged : “ That the defendant is informed and believes that Geo. N. Blackburn, the father of the plaintiff, and William Blackburn, the plaintiff and Cyntha A. Blackburn unlawfully…
1Opinion of the Court
Clark, J.:
The consolidation of the five actions upon concurrent policies of insurance on the same property was consented to, but if it had not been the Judge had authority to so order, as there might properly have been only one action brought. Pretzfelder v. Ins. Co., at this term.
The charge of the Court upon the 8th and 9th issues is not entirely clear, but it in effect amounts to an instruction that the defendants must show the conspiracy between the plaintiffs to burn and also the burning by ~W. A. Blackburn “ beyond a reasonable doubt,” for the Court instructed the jury that there was a…
2Cases cited17 opinions
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Continental Insurance v. JachnichenIndiana Supreme Court · 1887
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1876
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- State v. . HarrisSupreme Court of North Carolina · 1897
15 more not listed; retrieve them via the Exa API.