Supreme Court of North Carolina, 1934

Walls v. Merchants Fire Assurance Corp. of New York

Walls v. Merchants Fire Assurance Corp. of New York
Supreme Court of North Carolina · Decided February 28, 1934 · Cubiam, Pee
206 N.C. 903

Walls v. Merchants Fire Assurance Corp. of New York

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.