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Fnns or Nuusu MANUF’G Co. and others v. Guoaer.4 Home Ins. Co.
(Uorouit Court, WZ D. North Oarolina. October 15, 1885.)
1. Eourrr PRACHCE*CONTRIBUTION.
Where several actions, removed from a state court, are based upon insur-
ance policies on the same property, based on the same application, issued
at the same time and by the same agent, containing a clause or contribution,
the court will order one of the causes to be transferred to the equity docket,
and the other defendants to be made parties, and the pleadings in that case e
to be reformed according to the equity practice.
2. SAME—INJUNCTION.
In such case the plaintiff will be enjoined from further proceedings in the
other actions until a final decree in the cause so transferred.
8. S.nm—D0mzs*rrc Conwy.
In such case an action against a resident defendant company pending in
the state court will be stayed until such tlnal decree, and such company will
be made a party to the suit so transferred.
Motion to Consolidate, and Transfer to the Equity Docket.
The plaintiffs instituted an action against the defendant for the
recovery of $5,000 upon an insurance policy in the state court. They
at the same time, in the same court, instituted separate actions against
eight other insurance companies,one of which was incorporated in
North Carolina,upon policies issued at the same time, upon the same
property, and upon the same application. All the policies contained
the following stipulation:
"In case of any other insurance on the property herein insured, whether
valid or not, or made prior or subsequent to the date of this policy, the assured
shall be entitled to recover of this company no greater proportion of the loss
sustained than the sum hereby insured bears to the whole amount so insured
thereon; and it is hereby declared and agreed that in case of the assured hold-
ing any other policy in this or any other company on the property insured,
v.26F.11o.1—1