MAYBERRY v. HOME INSURANCE COMPANY

No. 277.

142 S.E.2d 626 (1965)

264 N.C. 658

Floyd L. MAYBERRY, Trustee of John Franklin Mayberry, Incompetent, v. HOME INSURANCE COMPANY, a Corporation.

Supreme Court of North Carolina.

June 18, 1965.


Attorney(s) appearing for the Case

Bradley, Gebhardt, DeLaney & Millette by Paul B. Guthery, Jr., Charlotte, for plaintiff appellant.

Helms, Mulliss, McMillan & Johnston by James B. McMillan, Charlotte, for defendant appellee.


PARKER, Justice.

Plaintiff has a number of assignments of error to the admission of evidence over his objections and exceptions, and to the judge's findings of fact. All these assignments of error are overruled.

When the parties waived a jury trial, Judge Riddle occupied a dual position: he was the judge required to lay down correctly the guiding principles of law, and he was also the tribunal compelled to find the facts. In such a trial the rules of evidence...

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