RATLIFF v. VIRGINIA SURETY CO.

No. 598.

59 S.E.2d 609 (1950)

232 N.C. 166

RATLIFF v. VIRGINIA SURETY CO., Inc.

Supreme Court of North Carolina.

May 24, 1950.


Attorney(s) appearing for the Case

Bynum & Bynum, Rockingham, for defendant, appellant.

Taylor, Kitchin & Taylor, Wadesboro, for plaintiff, appellee.


SEAWELL, Justice.

The crux of appellant's defense lies in the assumption that the motor and serial numbers endorsed on the policy in the description of the White truck which was the subject of the insurance constitutes the whole and only description in the policy and that the truck is therefore unidentifiable. Obviously the defendant could not succeed in avoiding the policy if the subject of the insurance was identifiable, as between the insured and the insurer...

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