Simons v. Southern Home Insurance

Supreme Court of North Carolina
Simons v. Southern Home Insurance, 203 N.C. 146 (N.C. 1932)

Simons v. Southern Home Insurance

Opinion of the Court

Per Curiam.

No copy of the insurance policy was attached to the complaint, and there is no allegation tending to show the relationship of the plaintiffs to the cause of action or that they are the real parties in interest. The plaintiff, Henry Simons, sues as administrator of Bettie A. Simons. It does not appear that he was ever qualified as administrator or what connection Bettie A. Simons had with the case. Moreover, causes of action to reform an insurance contract and recover thereon is joined with allegations of slander and careless business methods.

An inspection of the complaint warrants the judgment sustaining the demurrer.

Affirmed.

Reference

Full Case Name
HENRY SIMONS, Administrator of BETTIE A. SIMONS v. SOUTHERN HOME INSURANCE COMPANY, NORTH CAROLINA JOINT STOCK LAND BANK OF DURHAM, and the Receiver of the FIRST NATIONAL TRUST COMPANY, Trustee
Status
Published