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SEALEY v. ALBANY INSURANCE COMPANY

No. 740.

117 S.E.2d 744 (1961)

253 N.C. 774

Howard F. SEALEY v. ALBANY INSURANCE COMPANY; Christine Bridgman Bullock, Administratrix of the Estate of Ralph Bullock; Emma Rhodes, Administratrix of the Estate of Guthrie Johnson Rhodes; Hubert Page; Elbert Hayes.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Sanford, Phillips, McCoy & Weaver, Fayetteville, for defendant Albany Insurance Co., appellant.

Hackett & Weinstein, Lumberton, for plaintiff, appellee.

Britt, Campbell & Britt, Lumberton, for defendant Christine Bridgman Bullock, Adm'x, appellee.

L. J. Britt & Son, Lumberton for defendant Emma Rhodes, Adm'x, appellee.

McLean & Stacy, Lumberton, for defendants Hubert Page and Elbert Hayes, appellees.

HIGGINS, Justice.

The plaintiff introduced the insurance policy which he alleged was issued and delivered to him for the appellant by "its authorized representative, C. G. Mauney." The policy provided for cancellation. Mr. Mauney offered to testify that no premium was ever paid and that for that reason he had authority to and did cancel the policy in the manner provided. When the court refused to admit the testimony, Mauney identified his contract with the appellant...

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