qualification rule in North Carolina

1947On page 1432, it is said, 'The general rules and principles applicable to the question of the admissibility of evidence, in a negligence action, of the fact that defendant therein carries liability or indemnity insurance protecting him from the consequences of negligence, *423 are settled beyond dispute, but like most other rules of evidence, they are subject to qualifications and exceptions.’ The principle relating to the qualification of the rule is stated by Hoke, J., in Bryant v. Furniture Co., 186 N. C., 441 , as follows: £It has been held in this State that in a trial of this kind the fa

1930On page 1432 it is said: "The general rules and principles applicable to the question of the admissibility of evidence, in a negligence action, of the fact that the defendant therein carries liability or indemnity insurance protecting him from the consequences of negligence, are settled beyond dispute, but like most other rules of evidence, they are subject to qualifications and *Page 416 exceptions." The principle relating to the qualification of the rule is stated by Hoke, J. , in Bryant v. Furniture Co. , 186 N.C. 441 , as follows: "It has been held in this State that in a trial of this kin

1968A qualification of the rule that an unlicensed contractor may not maintain any action based on his construction contract was noted in Culbertson v. Cizek, 225 Cal. App. 2d 451 , 37 Cal. Rptr. 548 .

1968A qualification of the rule that an unlicensed contractor may not maintain any action based on his construction contract was noted in Culbertson v. Cizek, 225 Cal. App. 2d 451 , 37 Cal. Rptr. 548 .

1924R. v. Eubanks , 48 Ark. 460 ), but this qualification of the principle does not obtain when there is direct evidence, as in this case, that no change in the meantime has occurred.

1891Murfree, supra, §§ 71, 75, and references; Yeargin v. Siler, supra. Mr. Wharton says, in substance, that the only qualification of the rule that infants may act as agents and bind their principals, is that the infant agent must not be very deficient in mental capacity.

1891It is well settled that annere moral consideration will not support a promise (Puckett v. Alexander, 102 N. C., 95 ), but “a qualification to this rule, however, obtains in cases where there was originally a sufficient valuable consideration upon which action could have been sustained, but where in consequence of some statute or positive rule, growing out of general principles of public policy, the right of action is suspended and the party exempted from legal liabilty.