SWARTZBERG v. RESERVE LIFE INSURANCE COMPANY

No. 90.

113 S.E.2d 270 (1960)

252 N.C. 150

Besse N. SWARTZBERG, Executrix of the Estate of Roy E. Swartzberg, v. RESERVE LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

March 16, 1960.


Attorney(s) appearing for the Case

Uzzell & DuMont and William Vance Burrow, Asheville, for plaintiff, appellee.

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for defendant, appellant.


BOBBITT, Justice.

This is an action at law to recover benefits allegedly owing under the terms of an insurance policy. It is not a controversy without action, submitted upon an agreed statement of facts for the determination of a question in difference between the parties, as authorized by G.S. § 1-250. Dowling v. Southern R. Co., 194 N.C. 488, 140 S.E. 213; Briggs v. Asheville Developers, 191 N.C. 784, 133 S.E. 3.

Absent the stipulations, the action...

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