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UNIVERSAL LEAF TOBACCO CO., v. OLDHAM

No. 927SC1105.

439 S.E.2d 179 (1994)

UNIVERSAL LEAF TOBACCO CO., INC., d/b/a R.P. Watson Company and Thorpe-Greenville Export Tobacco Company, Plaintiffs, v. Robert OLDHAM and Elizabeth Oldham; John Thomas Worthington and Addie Beamon Worthington; Individually and d/b/a Liberty Warehouse; Lloyds, New York, Defendants.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

Yates, McLamb & Weyher by Kirk G. Warner and Andrew A. Vanore, III, Raleigh, for plaintiffs.

Young, Moore, Henderson & Alvis, P.A. by Walter E. Brock, Jr., and Ralph W. Meekins, Raleigh, for defendants.

MARTIN, Judge.

Plaintiffs instituted this action to recover the value of tobacco owned by them which was destroyed by fire on 3 October 1986 while stored in the Liberty Warehouse in Wilson, North Carolina. At the time of the fire, Insurance Company of North America (hereinafter "INA") had in full force and effect policies of insurance issued to plaintiffs insuring tobacco owned by them against loss by fire. Defendant Lloyds, New York, (hereinafter

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