Blair v. Patriotic Insurance Co. of America, 201 N.C. 837 (1931)

Nov. 10, 1931 · Supreme Court of North Carolina

201 N.C. 837

JOHN FRIES BLAIR, Receiver of L. LEFKOWITZ, Trading as SOUTHERN LOAN OFFICE v. PATRIOTIC INSURANCE COMPANY OF AMERICA, (Nos. 1812 and 1887), and JOHN FRIES BLAIR, Receiver of L. LEFKOWITZ, Trading as SOUTHERN LOAN OFFICE v. SOUTHERN HOME INSURANCE COMPANY OF THE CAROLINAS (No. 1818).

(Filed 10 November, 1931.)

Appeal by plaintiff from Oglesby, J., at September Term, 1931, of Forsyth.

Civil actions instituted in tbe Forsyth County Court to recover on three fire insurance policies, consolidated for tbe purpose of trial and beard together.

Tbe defense's interposed were that tbe policies in suit were void, because of tbe failure on tbe part of tbe assured to comply with “tbe iron safe clause” contained in each policy.

From a judgment of nonsuit entered at tbe close of plaintiff’s evidence, an appeal was taken to the Superior Court of Forsyth County, where the judgment of .the County Court was affirmed/ and the plaintiff again appeals, assigning error.

Benei Polihoff and Ratcliff, Hudson & Ferrell for plaintiff.

John M. Robinson and Fred 8. Hutchins for defendants.

Per Curiam.

Affirmed on authority of Coggins v. Ins. Co., 144 N. C., 7, 56 S. E., 506, which is essentially on all-fours with the case at bar.

The eases of Arnold v. Ins. Co., 152 N. C., 232, 67 S. E., 574, and Mortt v. Ins. Co., 192 N. C., 8, 133 S. E., 337, cited and relied upon by plaintiff, are readily distinguishable.

Affirmed.