Sutton v. Franklin Fire Insurance

184 S.E. 821, 209 N.C. 826, 1936 N.C. LEXIS 361

Opinion

Stacy, C. J.

The principal matter debated on brief, to wit, the alleged invalidity of defendant appellee’s policy, Johnson v. Ins. Co., 201 N. C., 362, 160 S. E., 454, is not presented by the record. It may be raised by answer.

The demurrer admits facts well pleaded, Oliver v. Blood, Comr., ante, 291; Phifer v. Berry, 202 N. C., 388, 163 S. E., 119, and it would seem that upon the facts alleged, nothing else appearing, the demurrer should have been overruled. Ramsey v. Furniture Co., ante, 165.

By demurring to the merits, the “St. Paul” put itself in court. Motor Co. v. Reaves, 184 N. C., 260, 114 S. E., 175.

Reversed.