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AMERICAN EQUITABLE ASSURANCE CO. OF N.Y. v. GOLD

No. 455.

103 S.E.2d 344 (1958)

248 N.C. 288

AMERICAN EQUITABLE ASSURANCE COMPANY OF NEW YORK, Great American Insurance Company, Hartford Fire Insurance Company, The Continental Insurance Company, and Virginia Fire & Marine Insurance Company, Original Plaintiffs (and Charles D. Arthur, Intervenor), v. Charles F. GOLD, Commissioner of Insurance, Henry L. Bridges, I. Miller Warren, Charles F. Gold, Berry C. Gibson and Curtis H. Flanagan, constituting the Board of Trustees of the North Carolina Firemen's Pension Fund; The North Carolina Firemen's Association; C. R. Puryear and Ray E. Scott, Defendants.

Supreme Court of North Carolina.

April 30, 1958.

Attorney(s) appearing for the Case

Joyner & Howison, W. T. Joyner, Jr., Allen & Hipp, Arch T. Allen, Raleigh, for plaintiffs, appellants.

George B. Patton, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., Ehringhaus & Ellis, Raleigh, for defendants, appellees.

HIGGINS, Justice.

The defendants challenge (1) the right of the plaintiffs to maintain this action; (2) the jurisdiction of the court to hear it; and (3) the sufficiency of the complaint to state a cause of action.

The Uniform Declaratory Judgment Act, Article 26, Chapter 1, provides: "Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed...

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