{
  "id": 8601439,
  "name": "WALTER J. SYKES and INDUSTRIAL BANK v. \u00c6TNA INSURANCE COMPANY, INC.",
  "name_abbreviation": "Sykes v. \u00c6tna Insurance",
  "decision_date": "1939-10-18",
  "docket_number": "",
  "first_page": "353",
  "last_page": "354",
  "citations": [
    {
      "type": "official",
      "cite": "216 N.C. 353"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 233,
    "char_count": 3305,
    "ocr_confidence": 0.478,
    "sha256": "b214338678508dd86688ac35872e2631dc6744b929024d555dfe9d1bcc392b20",
    "simhash": "1:e1c776ee335e0ef7",
    "word_count": 573
  },
  "last_updated": "2023-07-14T17:26:30.134660+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "WALTER J. SYKES and INDUSTRIAL BANK v. \u00c6TNA INSURANCE COMPANY, INC."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nPlaintiff Walter J. Sykes did not appeal \u2014 thus he is out of the picture. The Industrial Bank did appeal.\nN. C. Code, 1935 (Michie), sec. 460, in part, is as follows: \u201cWhen in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in its subject matter, applies to the court to be made a party, it may order him to be brought in by the proper amendment.\u201d\nAfter the bank was made a party, we can find in the record no pleading filed in the cause by the bank. It is not now in a position to complain.\nWe find in the judgment of the court below\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Forrest V. Dunstan, R. Clarence Dozier, and M. B. Simpson for plaintiff bank.",
      "McMullan & McMullan for defendant."
    ],
    "corrections": "",
    "head_matter": "WALTER J. SYKES and INDUSTRIAL BANK v. \u00c6TNA INSURANCE COMPANY, INC.\n(Filed 18 October, 1939.)\nParties \u00a7 7\u2014\nA party permitted to intervene under its claim of an interest in tbe subject matter of tbe action, Miebie\u2019s N. C. Code, 460, must file its pleading to be entitled to an adjudication of its rights.\nAppeal by plaintiff Industrial Bank from Carr, J., and a jury, at March Term, 1939, of Pasquotank.\nNo error.\nThis is an action brought by Walter J. Sykes and the Industrial Bank was afterwards made a party plaintiff, against NCtna Insurance Company, Inc., defendant. The plaintiff Walter J. Sykes sued the defendant to recover $550.00, with interest from 6 March, 1937, on a policy in the defendant company then in force on a Tudor Sedan Ford, 1936 model, on which the premium was paid. In the policy was the following:\n\u201cG-. Theft, Bobbery and Pilferage: (Broad form) Theft, Robbery and Pilferage, excepting by any person or persons in the Assured's household, or in the Assured\u2019s service or employment, whether the theft, robbery or pilferage occurs during the hours of such service or employment or not, and excepting by any person, or agent thereof, or by the agent of any firm or corporation to which person, firm or corporation the Assured, or any one acting under express or implied authority of the Assured, voluntarily parts with title and/or possession, whether or not induced so to do by any fraudulent scheme, trick, device or false pretense ; and excepting in any case, other than the theft of the entire automobile described herein, the theft, robbery or pilferage of tools or repair-equipment.\u201d (Italics ours.)\nThe following appears in the record: \u201cUpon the cause being called for trial, M. B. Simpson, attorney for plaintiff, moved that the Industrial Bank of Elizabeth City, Incorporated, be made a party plaintiff to this action, and stated that he represented the said Industrial Bank of Elizabeth City, Incorporated, and it appearing to the court that the said Industrial Bank of Elizabeth City, Incorporated, is mentioned in the policy sued on in this action, and is the holder of the conditional sales contract on the automobile referred to in this action. The motion to make the said bank a party is allowed, and the defendant excepts.\nLeo Cajrs, Judge.\u201d\nIt was in evidence that the car was stolen by a person \u201cin the assured\u2019s household.\u201d\nThe issue submitted to the jury was: \u201cWhat damages, if any, are the plaintiffs entitled to recover of the defendant ?\u201d The jury answered : \u201cNothing.\u201d\nSykes did not appeal but the Industrial Bank did..\nForrest V. Dunstan, R. Clarence Dozier, and M. B. Simpson for plaintiff bank.\nMcMullan & McMullan for defendant."
  },
  "file_name": "0353-01",
  "first_page_order": 419,
  "last_page_order": 420
}