WOODRUFF v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 391.

133 S.E.2d 704 (1963)

260 N.C. 723

James Lester WOODRUFF v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of North Carolina.

December 19, 1963.


Attorney(s) appearing for the Case

Elledge & Mast, Clyde C. Randolph, Jr., Winston-Salem, for plaintiff appellant.

Deal, Hutchins & Minor, Winston-Salem, for defendant appellee.


DENNY, Chief Justice.

The appellant's sole assignment of error is to the ruling of the court below dismissing plaintiff's action for the reason that the complaint fails to state that the insured "gave notice of the accident and failed to give notice of the suit against him, which accident and suit constitutes the basis of plaintiff's claim against the defendant herein," and the entry of judgment in accord with said ruling...

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