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MAYO v. AMERICAN FIRE AND CASUALTY COMPANY

No. 7211SC499.

190 S.E.2d 398 (1972)

15 N.C. App. 309

R. W. MAYO, Plaintiff, v. AMERICAN FIRE AND CASUALTY COMPANY, Original Defendant, and Max G. Creech, Additional Party Defendant.

Court of Appeals of North Carolina.

Certiorari Allowed September 14, 1972.

Attorney(s) appearing for the Case

Robert A. Spence, Smithfield, for plaintiff appellee.

Teague, Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey, Raleigh, for defendant appellee American Fire and Casualty Co.

James A. Wellons, Jr., Smithfield, for defendant appellant Max G. Creech.

Certiorari Allowed by Supreme Court September 14, 1972.

GRAHAM, Judge.

Plaintiff did not appeal. The judgment is therefore a final adjudication as between plaintiff and Casualty Company. Conger v. Travelers Insurance Co., 266 N.C. 496, 146 S.E.2d 462. Even so, whether plaintiff was entitled to recover from Casualty Company and, if not, the ground of Casualty Company's nonliability, has significance...

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