FALLINS v. DURHAM LIFE INSURANCE CO.

No. 96.

100 S.E.2d 214 (1957)

247 N.C. 72

Laura FALLINS v. DURHAM LIFE INSURANCE CO.

Supreme Court of North Carolina.

October 30, 1957.


Attorney(s) appearing for the Case

George W. Ball, Morehead City, George M. Womble, Raleigh, by G. M. Womble, Raleigh, for defendant, appellant.

C. R. Wheatly, Jr., Beaufort, for plaintiff, appellee.


HIGGINS, Justice.

The defendant's exception to the instructions and its motion for nonsuit raise the same question—the sufficiency of the evidence to go to the jury.

In cases of this character "the plaintiff, to establish a prima facie case, must prove: (1) the existence of the contract or policy sued on; (2) the death of the insured or the happening of the event provided for in the policy; and the giving of notice and proof of death (or other...

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