CONGER v. TRAVELERS INSURANCE COMPANY

No. 363.

146 S.E.2d 462 (1966)

266 N.C. 496

Mittle S. CONGER v. The TRAVELERS INSURANCE COMPANY and Colonial Stores, Incorporated.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Roberts & Wooten and Willis A. Talton, Greenville, for plaintiff appellee.

Taylor, Allen & Warren and John H. Kerr, III, Goldsboro, for Colonial Stores, Inc., defendant appellant.


BOBBITT, Justice.

The judgment does not disclose the ground on which the court adjudged that plaintiff "have and recover nothing" of Insurance Company. Plaintiff did not appeal. Hence, the judgment is a final adjudication as between plaintiff and Insurance Company. Even so, whether plaintiff was entitled to recover from Insurance Company and, if not, the ground of Insurance Company's nonliability, has significance in determining...

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