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SOUTHEASTERN FIRE INSURANCE COMPANY v. MOORE

No. 466.

108 S.E.2d 618 (1959)

250 N.C. 351

SOUTHEASTERN FIRE INSURANCE COMPANY v. Mildred Bradley MOORE and William P. Moore.

Supreme Court of North Carolina.

May 20, 1959.

Attorney(s) appearing for the Case

Bailey & Dixon, Raleigh, for appellants.

Smith, Leach, Anderson & Dorsett, Raleigh, for appellee.

DENNY, Justice.

In our opinion, if the ruling of the court below can be sustained, it must be on the ground that the plaintiff attempted to split an indivisible cause of action. Otherwise, the evidence offered by the plaintiff was sufficient to carry the case to the jury.

In the case of Burgess v. Trevathan, 236 N.C. 157, 72 S.E.2d 231, 233, Ervin, J., collected the authorities supporting...

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