GIBSON v. CENTRAL MFRS. MUT. INS. CO.

No. 532.

62 S.E.2d 320 (1950)

232 N.C. 712

GIBSON v. CENTRAL MFRS. MUT. INS. CO.

Supreme Court of North Carolina.

November 29, 1950.


Attorney(s) appearing for the Case

Smathers & Carpenter and James L. DeLaney, all of Charlotte, for defendant-appellant.

Jones & Small, Charlotte, for plaintiff-appellee.


WINBORNE, Justice.

Defendant's assignments of error based on exceptions to denial of its motion, aptly made, for judgment as of nonsuit are not well taken. Defendant, having (1) admitted the issuance of the policy of insurance on which plaintiff bases his action, and (2) set up in avoidance the defense that the issuance of the policy was procured by the false representations of plaintiff in the respects averred, has the...

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