Joyner v. Scottish Fire Insurance

71 S.E. 434, 155 N.C. 255, 1911 N.C. LEXIS 386

Opinion

Per Curiam.

The judgment of nonsuit is affirmed. An examination of the record indicates that the Virginia State Insurance Company is liable to the plaintiffs, but we refrain from expressing an opinion in regard thereto until it has the opportunity of being heard.

It is clear that the plaintiffs cannot recover on both policies, but equally clear, upon the evidence before us, that one of the insurance companies should be required to pay.

The judgment of nonsuit will not prevent the joinder of the defendant in this action with the Virginia State Insurance Company in a new action, as was done in Lee v. Ins. Co., at this term. Affirmed.