Lea v. Atlantic Insurance
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at October Term, 1914, of Wake. Action to recover upon two contracts of insurance.
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Appeal by defendant from Whedbee, J., at October Term, 1914, of Wake. Action to recover upon two contracts of insurance. Tbe record discloses that the plaintiffs, Lea & Adcock, were in December, 1913, and January, 1914, doing a leaf tobacco business at Fuquay Springs, N. C.; that they owned a large quantity of leaf and scrap tobacco then in the Banner Warehouse;-that on 17 December, 1913, they applied to Howard & Aiken, agents of the defendants, for $3,000 of in-^ suranee on said stock of tobacco, and that on 9 January, 1914, plaintiffs likewise applied to said agents for $2,500 additional…
1Opinion of the CourtAllen, J.
There are several exceptions to the admission of evidence, but all of them were taken to preserve and present the contentions of the defendant, (1) that a standard form of policy of insurance having been adopted by statute, neither a parol contract of insurance nor a written memorandum of the contract, known as a binder, is valid; (2) that there is no evidence of a parol contract and no evidence of a delivery of the binder; (3) that there is no evidence that Howard & Aiken, agents of the defendant, had authority to make a contract of insurance; and if we are against the defendant on these…
2Cases cited14 opinions
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- State v. SteeleSupreme Court of North Carolina · 1925
- Wooten v. Grand United Order of Odd FellowsSupreme Court of North Carolina · 1918
- Moore v. Adams Electric CompanySupreme Court of North Carolina · 1965
17 more not listed; retrieve them via the Exa API.