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BOWEN v. IOWA NATIONAL MUTUAL INSURANCE COMPANY

No. 441.

155 S.E.2d 238 (1967)

270 N.C. 486

Fred J. BOWEN v. IOWA NATIONAL MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

June 20, 1967.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, by Roy L. Deal and Fred S. Hutchins, Winston-Salem, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by R. M. Stockton, Jr., and J. Robert Elster, Winston-Salem, for defendant appellee.

PARKER, Chief Justice.

The payment of the judgment in the Cabarrus County action in favor of Bowen and Knitting Co. against Trucking Co. was authorized by G.S. § 1-239, and discharges the judgment. 3 Strong's N.C. Index, Judgments, § 47, p. 68. "The effect of the statute (C.S. 617, now G.S. § 1-239) is to make the clerk the statutory agent of the owner of the judgment, and not of the party making the payment." Dalton v. Strickland, 208 N.C. 27, 179...

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