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PARKER v. STATE CAPITAL LIFE INSURANCE COMPANY

No. 239.

130 S.E.2d 36 (1963)

259 N.C. 115

William T. PARKER, Jr. v. STATE CAPITAL LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

March 20, 1963.

Attorney(s) appearing for the Case

Berry & Browne, Charlotte, Allen & Steed, by Thomas W. Steed, Jr., Raleigh, for defendant, appellant.

Elbert E. Foster, Charlotte, for plaintiff, appellee.

HIGGINS, Justice.

The essential facts are not in dispute. The plaintiff contends the court's finding No. 6, unexcepted to, is conclusive, and establishes his right to recover under the policy. However, the defendant, at the conclusion of the plaintiff's evidence and again at the conclusion of all the evidence, moved for judgment of nonsuit. Exceptions to the refusal to nonsuit were taken and are assigned as error. Consequently...

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