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THOMAS & HOWARD CO. v. AMERICAN MUT. LIABILITY INS. CO.

No. 314.

84 S.E.2d 337 (1954)

241 N.C. 109

THOMAS & HOWARD COMPANY OF SHELBY, Inc. v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, a Corporation, M. B. Tate, Johnnie Ponders, William Huddleston, Charles Varner and James Byrd.

Supreme Court of North Carolina.

November 10, 1954.

Attorney(s) appearing for the Case

Falls & Falls, Shelby, for plaintiff, appellant.

Helms & Mulliss, Wm. H. Bobbitt, Jr., Charlotte, and D. Z. Newton, Shelby, for defendant, appellee.

PARKER, Justice.

The facts alleged in the complaint to which the demurrer was directed are substantially these—the numbered paragraphs are ours and not those of the complaint:

One. The plaintiff is a North Carolina corporation engaged in the wholesale grocery business at Shelby. American Mutual Liability Insurance Company of Boston, Mass., is an insurance company, and does business in North Carolina. The defendants M. B. Tate, Johnnie Ponders...

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