Walls v. Merchants Fire Assurance Corp. of New York

Supreme Court of North Carolina

Walls v. Merchants Fire Assurance Corp. of New York

206 N.C. 903

CourtSupreme Court of North Carolina

DecidedFebruary 28, 1934

StatusPublished

Cited by1 cases

This text of 206 N.C. 903 (Walls v. Merchants Fire Assurance Corp. of New York) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walls v. Merchants Fire Assurance Corp. of New York, 206 N.C. 903 (N.C. 1934).

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Opinion

Pee. Cubiam.

The case is controlled by the decision in Welch v. Ins. Co., 196 N. C., 546, 146 S. E., 216. There is no allegation that the New York Standard Mortgagee Clause was fraudulently omitted from the policy issued by the Royal Insurance Company of Liverpool, nor is there any evidence of a mutual mistake, or mistake on one side and fraud on the other. The appellant’s motion to nonsuit should have been allowed.

Reversed.

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Pee. Cubiam.

The case is controlled by the decision in Welch v. Ins. Co., 196 N. C., 546, 146 S. E., 216. There is no allegation that the New York Standard Mortgagee Clause was fraudulently omitted from the policy issued by the Royal Insurance Company of Liverpool, nor is there any evidence of a mutual mistake, or mistake on one side and fraud on the other. The appellant’s motion to nonsuit should have been allowed.

Reversed.

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Bluebook (online)

206 N.C. 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walls-v-merchants-fire-assurance-corp-of-new-york-nc-1934.

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