Ferebee v. N. C. Mutual Home Insurance
Supreme Court of North Carolina
This was a civil action tried before Pool, J., at the Pall Term, 1871, of Camben Superior Court. In his complaint, the plaintiff alleges, that in January,., 1870, the defendants through their accredited agent, Dr. R. K. Speed, insured his dwelling house and furniture against, loss or damage by fire, to the amount of $1,999, and also his; barn and the corn therein, to the further amount of $267;. all of which was covered by one policy of insurance; that he duly fulfilled all…
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This was a civil action tried before Pool, J., at the Pall Term, 1871, of Camben Superior Court. In his complaint, the plaintiff alleges, that in January,., 1870, the defendants through their accredited agent, Dr. R. K. Speed, insured his dwelling house and furniture against, loss or damage by fire, to the amount of $1,999, and also his; barn and the corn therein, to the further amount of $267;. all of which was covered by one policy of insurance; that he duly fulfilled all the conditions contained in the policy;, and that his said dwelling, with most of the furniture was • destroyed by fire,…
1Opinion of the CourtSettle, J.
We are of opinion, that the defendant had a (right to introduce parol evidence to explain the receipt produced by the plaintiff. But the charge of his Honor relieves us from all questions, as to the admissibility of testimony, for it says in effect, that the plaintiff is not entitled to recover upon the case which he has proven. So the action stands before us, as it would have done, had there been a demurrer to the evidence.
The plaintiff alleges in his complaint, that the defendant insured his property against fire, on the tenth day of January, 1870; that his property was destroyed by fire,…
Also in this document: Per curiam.
2Cited by11 opinions
- Michigan Mutual Life Insurance v. CusterIndiana Supreme Court · 1891
- Scholz v. Standard Accident InsuranceSupreme Court of Virginia · 1926
- Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
- Underwood v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1919
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
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