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TERRELL v. LIFE INSURANCE COMPANY OF VIRGINIA

No. 767.

152 S.E.2d 196 (1967)

269 N.C. 259

Mrs. Annie V. TERRELL v. The LIFE INSURANCE COMPANY OF VIRGINIA.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, Durham, for defendant.

E. Carter Harris, C. Wallace Vickers, Durham, for plaintiff.

BRANCH, Justice.

It is stipulated by counsel that policy No. 1034585, executed by defendant on the life of Matthew Marion Terrell, was delivered to him by defendant's agent on 2 December 1963, that premiums were paid on said policy, and that proof of death was duly submitted. This makes out a prima facie case, and nonsuit is improper except where plaintiff's evidence establishes defendant's affirmative defense. Rhinehardt v. North Carolina Mutual Life Insurance Co...

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