Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY

Court of Appeals of North Carolina
Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY, 219 S.E.2d 238 (1975)
27 N.C. App. 331; 1975 N.C. App. LEXIS 1836
Arnold, Morris, Hedrick

Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY

Opinion

ARNOLD, Judge.

North Carolina case law provides that, although an insurer who has paid part of insured’s claim “has a direct and appreciable interest in the subject matter of the action” brought by-insured against tortfeasor, Burgess v. Trevathan, 236 N.C. 157, 161, 72 S.E. 2d 231, 234 (1952), the insurer is not a necessary party to the action, but only a proper party. New v. Public Service Co., 270 N.C. 137, 153 S.E. 2d 870 (1967) ; University Motors, Inc. v. Durham Coca-Cola Bottling Co., 266 N.C. 251, 146 S.E. 2d 102 (1966) ; Burgess v. Trevathan, supra. The addition of parties where they are not necessary is a matter within the trial court’s discretion, and the judge’s order refusing to join additional parties is not ordinarily reviewable. New v. Service Co., supra; Corbett v. Corbett, 249 N.C. 585, 107 S.E. 2d 165 (1959) ; Guthrie v. City of Durham, 168 N.C. 573, 84 S.E. 859 (1915). Defendant has not shown how the interlocutory order appealed from deprives it of any “substantial right.” G.S. 1-277. See Funderburk v. Justice, 25 N.C. App. 655, 214 S.E. 2d 310 (1975). Therefore, this appeal is premature and is dismissed.

Dismissed.

Judges Morris and Hedrick concur.

Reference

Full Case Name
Henredon Furniture Industries, Inc. v. Southern Railway Company
Cited By
2 cases
Status
Published