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JONES v. HOME SECURITY LIFE INSURANCE COMPANY

No. 311.

119 S.E.2d 215 (1961)

254 N.C. 407

Mary JONES v. HOME SECURITY LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

April 12, 1961.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff appellant.

Wallace & Wallace, Kinston, for defendant appellee.

RODMAN, Justice.

The first question to be disposed of is the right of plaintiff to offer evidence in support of allegations appearing in the reply to defeat defendant's cross-action for cancellation and its defense of misrepresentation. When a defendant aserts an affirmative defense, he in effect becomes the plaintiff and carries the burden of proof of his afirmative defense. When the party carrying the burden of proof...

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