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NORTHWESTERN MUTUAL INSURANCE COMPANY v. HYLTON

No. 7017SC4.

172 S.E.2d 226 (1970)

7 N.C. App. 244

NORTHWESTERN MUTUAL INSURANCE COMPANY v. J. W. HYLTON, Individually and trading as Hylton Insurance Agency.

Court of Appeals of North Carolina.

Certiorari Denied April 15, 1970.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor by Fred S. Hutchins and William K. Davis, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson by J. Robert Elster, Winston-Salem, for defendant appellee.

BRITT, Judge.

It is well settled in this jurisdiction that a plaintiff has the burden of proof on all allegations, negative as well as affirmative, which are essential to his claim or cause of action. 3 Strong, N.C. Index 2d, Evidence, § 5, pp. 603-604. Defendant contends that judgment of involuntary nonsuit was proper in the instant case for the reason that plaintiff failed to carry the burden of proving its legal obligation to pay the money for which it seeks...

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