Hunt v. Richardson

Citation212 N.C. 28,192 S.E. 843
Decision Date22 September 1937
Docket NumberNo. 91.,91.
CourtNorth Carolina Supreme Court
PartiesHUNT. v. RICHARDSON et al.

Appeal from Superior Court, Buncombe County; H. Hoyle Sink, Judge.

Action by Homer Hunt against R. H. Richardson and another. Judgment in superior court for the Maryland Casualty Company reversing judgment in general county court, and plaintiff appeals.

Affirmed.

Oscar Stanton and J. M. Horner, Jr., both of Asheville, for appellant.

Adams & Adams, of Asheville, for appellee.

SCHENCK, Justice.

This was a civil action originally instituted in the general county court of Buncombe county by the plaintiff against R. H. Richardson and the Maryland Casualty Company, but the said Richardson was never brought into court by service of process. The action was instituted upon a policy of liability insurance issued by the Maryland Casualty Company to the Biltmore Wheat Hearts Corporation and/or Frank Coxe, upon a Ford Tudor Sedan 1932 automobile, containing an extension coverage clause as follows: "II. The insurance provided by this Policy is hereby made avail able, in the same manner and under the same conditions as it is available to the named Assured, to any person operating, and/or to any other person while riding in, and/or to any other person, firm or corporation legally responsible for the operation of, any of the Automobiles described in the Statements, provided the use and operation thereof are with the permission of the named Assured, or, if the named Assured be an individual, with the permission of an adult member of the named Assured's household, other than a chauffeur or a domestic servant, except that this extension of coverage shall not be operative if this Policy be issued to any public automobile-garage, automobile repair-shop or automobile sales-agency; nor shall insurance under this Insuring Agreement be available to any such garage, repair shop or sales-agency nor to the proprietors, employees or agents thereof. * * *"

It appeared by evidence or admission that the plaintiff was injured by the automobile mentioned in the policy when operated by R. H. Richardson, with permission of Frank Coxe, the named assured, and that plaintiff had recovered judgment for $1,500 for his injuries in another action against Richardson, and that Richardson had failed to pay said judgment, and that demand had been made upon the Maryland Casualty Company to pay said judgment, and it had refused so to do.

Judgment in favor of the plaintiff against the Maryland...

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8 cases
  • Karner v. Maynor
    • United States
    • Oklahoma Supreme Court
    • March 29, 1966
    ...Indemnity Co., 320 Mass. 6, 67 N.E.2d 769, 165 A.L.R. 1463; Berry v. Travelers Insurance Co., 118 N.J.L. 571, 194 A. 72; Hunt v. Richardson, 212 N.C. 28, 192 S.E. 843; Brower v. Employers' Liability Assur. Co., 318 Pa. 440, 177 A. 826; Allen v. Travelers Indemnity Co., 108 Vt. 317, 187 A. 5......
  • Wilson v. Hartford Acc. & Indem. Co., 685
    • United States
    • North Carolina Supreme Court
    • December 13, 1967
    ... ... Thus, in Hunt v. Maryland Casualty Co., 212 N.C. 28, 192 S.E. 843, where, as here, the question at issue was whether the driver of an automobile was, at the time ... 'The objection and exception to the testimony of the plaintiff's witness, ... Frank Coxe, as to what Richardson said to him at the time Coxe gave Richardson permission to use the automobile, upon the ground that such testimony was hearsay, cannot be sustained, ... ...
  • Lumber Mut. Cas. Ins. Co. of N. Y. v. Wells
    • United States
    • North Carolina Supreme Court
    • October 9, 1946
    ... ... Casualty Co., 209 N.C. 577, 183 S.E. 743; Foscue v ... Greensboro Mutual Life Ins. Co., 196 N.C. 139, 144 ... [39 S.E.2d 743.] ... Hunt v. Maryland Casualty Co., 212 N.C. 28, 192 S.E ...           The ... judgment creditors, who are the real parties in interest, ... were ... ...
  • Lumber Mut. Cas. Ins. Co. Of N.Y. v. Wells, 236.
    • United States
    • North Carolina Supreme Court
    • October 9, 1946
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