GILLIAM, District Judge.
If this were an action by Chalk & Gibbs against the Bank to collect the premiums which they have paid it could not be sustained under the North Carolina law. It was expressly so held in Whitehead v. Wilson Knitting Mills, 194 N.C. 281, 139 S.E. 456, 457, 56 A.L.R. 674. The facts in that case are the same as the facts here, except in the Whitehead case the mortgagee refused to pay the premiums and the insurance agency which had paid them...
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