Joyner v. Scottish Fire Insurance

Supreme Court of North Carolina
Joyner v. Scottish Fire Insurance, 71 S.E. 434 (N.C. 1911)
155 N.C. 255; 1911 N.C. LEXIS 386
PER CURIAM.

Joyner v. Scottish Fire Insurance

Opinion of the Court

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 *257 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.

Reference

Full Case Name
Joyner and Long v. Scottish Fire Insurance Company
Status
Published