Sutton v. Franklin Fire Insurance
Cases that cite this one
2 later published cases cite this decision.
- Fidelity & Casualty Co. v. Fireman'S Fund Indemnity Co. (Cal. Ct. App. 1940)
- Barbee v. Board of Commissioners (N.C. 1936)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The principal matter debated on brief, to wit, the alleged invalidity of defendant appellee’s policy, Johnson v. Ins. Co., 201 N. C., 362, 160 S. E., 454, is not presented by the record. It may be raised by answer.
The demurrer admits facts well pleaded, Oliver v. Blood, Comr., ante, 291; Phifer v. Berry, 202 N. C., 388, 163 S. E., 119, and it would seem that upon the facts alleged, nothing else appearing, the demurrer should have been overruled. Ramsey v. Furniture Co., ante, 165.
By demurring to the merits, the “St. Paul” put itself in court. Motor Co. v. Reaves, 184 N. C., 260, 114 S. E., 175.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.