Laughinghouse v. Farm Bureau Mutual Automobile Insurance
Cases that cite this one
6 later published cases cite this decision. The 5 that cite it most often are listed here.
- Standard Amusement Co. v. Tarkington (N.C. 1959)
- Lynn ex rel. Lynn v. Farm Bureau Mutual Automobile Insurance (4th Cir. 1959)
- State v. Griffin (N.C. 1957)
- Huie v. Templeton (N.C. 1957)
- Whiteside v. Ralston Purina Co. (N.C. 1955)
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
The defendant assigned as error the denial of its motion for nonsuit at the close of all the evidence. The record discloses that the case on appeal was settled by agreement of counsel. Notwithstanding, the case on appeal sets out the evidence by question and answer and not in *679 narrative form as required by Rule 19 (4), Rules of Practice in the Supreme Court, 221 N.C. 544 (556). The rule is mandatory. Failure to comply therewith necessitates a dismissal of the appeal. Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126; Rhoades v. Asheville, 220 N.C. 443, 17 S.E. 2d 500. In such case this Court will consider only errors presented by the record proper. Cressler v. Asheville, 138 N.C. 482, 51 S.E. 53; Hall v. Hall, 235 N.C. 711, 71 S.E. 2d 471.
In this Court, the defendant, for the first time, demurred ore ienus to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The complaint, liberally construed in favor of the plaintiff, discloses that the allegations are sufficient to state a cause of action against the defendant for damages caused by its breach of an agreement to insure the plaintiff under a loss payable clause to the extent of plaintiff’s loss resulting from a collision in which the Frazer automobile was damaged. The demurrer is overruled.
Judgment affirmed and appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.