North Carolina Reports: Cases Argued and Determined in the Supreme Court of North Carolina, Volume 151Nichols & Gorman, book and job printers, 1909 - Law reports, digests, etc Cases argued and determined in the Supreme Court of North Carolina. |
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Page 21
... agreement to the contrary , vests in the consignee , who is alone entitled to sue , as the ' party aggrieved , ' for the penalty given by section 1467 , Revisal . This is undoubtedly a correct decision , applying , as stated , where it ...
... agreement to the contrary , vests in the consignee , who is alone entitled to sue , as the ' party aggrieved , ' for the penalty given by section 1467 , Revisal . This is undoubtedly a correct decision , applying , as stated , where it ...
Page 36
... Agreement - Estoppel . A “ non - waiver agreement ” looking to the ascertainment of loss by fire under a fire insurance contract , affords no defense to the insurance company for its own acts , conduct and statements , constituting a ...
... Agreement - Estoppel . A “ non - waiver agreement ” looking to the ascertainment of loss by fire under a fire insurance contract , affords no defense to the insurance company for its own acts , conduct and statements , constituting a ...
Page 37
... agreement by plaintiff and defendant : " NONWAIVER AGREEMENT . " 29 May , 1907 . " It is hereby mutually stipulated and agreed by and between J. A. Modlin , party of the first part , and the insurance company or companies whose name or ...
... agreement by plaintiff and defendant : " NONWAIVER AGREEMENT . " 29 May , 1907 . " It is hereby mutually stipulated and agreed by and between J. A. Modlin , party of the first part , and the insurance company or companies whose name or ...
Page 44
... agreement relieve the defend- ant from acts and statements binding upon it ? It is doubtful if this nonwaiver agreement added to the protection of the defend- ant , as provided in the policy . The provisions of the policy , it would ...
... agreement relieve the defend- ant from acts and statements binding upon it ? It is doubtful if this nonwaiver agreement added to the protection of the defend- ant , as provided in the policy . The provisions of the policy , it would ...
Page 45
... agreement that such investigation and ascertainment ' should not waive or invalidate any of the conditions of the policy ' or any rights whatever of either of the parties , but was merely to avoid unnecessary delay to the plaintiff ...
... agreement that such investigation and ascertainment ' should not waive or invalidate any of the conditions of the policy ' or any rights whatever of either of the parties , but was merely to avoid unnecessary delay to the plaintiff ...
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Common terms and phrases
Affirmed agent agreement alleged amount answer appeal authority bill bond cause of action charge cited claim Commissioners complaint contract contributory negligence conveyed corporation County court of equity creditors Curiam damages debt decisions declared deed defendant defendant's demurrer dismissed district duty easement election entitled equity error evidence tending excepted executed facts fendant Filed fraud held Honor indictment injury intestate issue Jones judge judgment jurisdiction jury Justice land liability lien Lumber ment misjoinder Moore mortgage motion negligence nonsuit notice O. H. Allen opinion owner parties payment person plaintiff pleadings present principle purchase purpose question Railroad railroad company reason recover rendered reversible error Revisal rule Smith Southern Railway Company statute statute of limitations stipulation sufficient Superior Court supra sustained tending to show Term testimony thereof tion town tract trial trust Union County verdict wife witness
Popular passages
Page 203 - It is not enough that there is a remedy at law; it must be plain and adequate, or, in other words, as practical and efficient to the ends of justice and its prompt administration, as the remedy in equity.
Page 351 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 343 - Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Page 38 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 7 - ... shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon...
Page 356 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought ; 5.
Page 910 - So a licensee, who enters on premises by permission only, without any enticement, allurement or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils.
Page 454 - Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power.
Page 343 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 44 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...