ENGELBERG v. HOME INSURANCE CO.

No. 379.

110 S.E.2d 818 (1959)

251 N.C. 166

A. F. ENGELBERG v. HOME INSURANCE CO. and The Home Indemnity Company; Rufus Odell Caudle, Mrs. Nancy Jane Prultt and Mrs. Della Mae Hardy Payne.

Supreme Court of North Carolina.

November 4, 1959.


Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff, appellant.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for corporate defendants, appellees.


PER CURIAM.

On this appeal plaintiff contends that Elam paid the premium and the amount thereof became an open account due by plaintiff to Elam, that Elam was without authority to give notice of cancellation or to cancel the policy, that plaintiff was not privy to the agency agreement between Elam and the insurance companies and is bound only by the provisions of the policy and that the corporate defendants could not effectively cancel the policy in as much as the...

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