Crafford v. La Fayette Life Ins. Co, (No. 334.)

• Decision Date: 22 January 1930
• Docket Number: (No. 334.)
• Citation: 151 S.E. 249
• Court: North Carolina Supreme Court
• Parties: CRAFFORD. v. LA FAYETTE LIFE INS. CO.

151 S.E. 249

(198 N.C. 269)

CRAFFORD.

v.LA FAYETTE LIFE INS. CO.

(No. 334.)

Supreme Court of North Carolina.

Jan. 22, 1930.

Appeal from Superior Court, Alamance County; Cranmer, Judge.

Action by J. J. Crafford against the La Fayette Life Insurance Company bo recover the premium paid on an insurance policy where the insurance company refused to pay the cash surrender value of the policy. From the judgment, defendant appeals. Affirmed.

From judgment affirming orders of the general county court of Alamance county, overruling its demurrer to the complaint, and denying its motion that the service of the summons be stricken out, defendant appealed to the Supreme Court

Varser, Lawrence, Proctor & McIntyre, of Lumberton, and Coulter, Cooper & Carr, of Burlington, for appellant.

Carroll & Carroll, of Burlington, for appellee.

PER CURIAM. This action was begun in the general county court Of Alamance county. Plaintiff is a resident of said county. Defendant is a corporation, organized under the laws of this state, with its principal office at Lumberton, in Robeson county. The summons in the action was served on defendant in Robeson county.

It is immaterial, for the purposes of this appeal, whether the general county court of Alamance county has jurisdiction of this action, because, as plaintiff contends, the action is within the jurisdiction of the superior court of said county, or whether said court has jurisdiction of the action, because, as defendant contends, the action is within the jurisdiction of a justice of the peace of said county. In either case, the court had jurisdiction of the action. N. C. Code 1927, § 1608(n). If the action is within the jurisdiction of the superior court of Alamance county, because the sum demanded in the complaint is $229.20, the general county court acquired jurisdiction of the defendant by the service of the summons in Robeson county. If the action isnot within the jurisdiction of the superior court, but is within the jurisdiction of a justice of the peace of Alamance county, because upon the allegations of the complaint plaintiff is entitled to demand judgment for only $70, the general county court of Alamance county acquired jurisdiction of defendant, when it appeared and demurred to the complaint, on the ground that the facts stated therein are not sufficient to constitute a cause of action upon which plaintiff is entitled to recover the sum of $229.20. By its appearance in the action, for the purpose of filing a demurrer to...