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BREVARD v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 29.

137 S.E.2d 837 (1964)

262 N.C. 458

W. W. BREVARD, Administrator of the Estate of Brenda Brevard (Taylor), formerly Brenda Brevard, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., a corporation.

Supreme Court of North Carolina.

September 23, 1964.

Attorney(s) appearing for the Case

William J. Cocke, Asheville, Prince, Jackson, Youngblood & Massagee, Hendersonville, for plaintiff appellant.

Carpenter, Webb & Golding, Charlotte, for defendant appellee.

DENNY, Chief Justice.

As we construe the complaint in this action, the plaintiff seeks to recover against the defendant based on the terms of the judgment entered in the action between the plaintiff and Meredith, Sr. and the administratrix of the estate of Meredith, Jr.

The mere fact that the plaintiff obtained a judgment against Meredith, Sr. does not necessarily obligate this defendant to pay such judgment, and nowhere in the complaint does the plaintiff...

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