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WHITWORTH v. LUMBERMENS MUTUAL CASUALTY CO.

No. 281.

144 S.E.2d 616 (1965)

265 N.C. 530

Floyd William WHITWORTH v. LUMBERMENS MUTUAL CASUALTY COMPANY, Inc., a Corporation, and Harry L. Henderson and J. Max Royal, Individuals.

Supreme Court of North Carolina.

November 3, 1965.

Attorney(s) appearing for the Case

Louis A. Bledsoe, Jr., and Joseph A. Moretz, Charlotte, for plaintiff appellant.

Carpenter, Webb & Golding, by James P. Crews, Charlotte, for defendant appellees.

PER CURIAM.

The plaintiff contends that the individual defendants gratuitously undertook to file the plaintiff's claim with the South Carolina Highway Department and failed to do so within the time allowed. Interpreting the evidence of the plaintiff most favorably to him, it fails completely to show any basis for a finding that the individual defendants were authorized by the corporate defendant to enter into any such undertaking on its behalf, or that the filing...

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