ALFORD v. TEXTILE INSURANCE COMPANY

No. 308.

103 S.E.2d 8 (1958)

248 N.C. 224

Mary Elizabeth ALFORD, Administratrix of the Estate of Charles S. Alford, Jr., Deceased, v. TEXTILE INSURANCE COMPANY, a Corporation.

Supreme Court of North Carolina.

April 16, 1958.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

White & Aycock, Kinston, for defendant, appellee.


RODMAN, Justice.

Plaintiff predicates her right to recover the sum of $5,000 instead of the $3,175 paid into court on the theory that she was a beneficiary of the insurance policy issued by defendant; that the Legislature had prescribed the form of liability policies which might be issued, and the forms so prescribed did not, as she puts it, "vest in the insurance carrier the arbitrary and ex parte right to make settlement for personal injury with one or more of the...

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