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251 N.C. 462

Shoffner v. Mann

Supreme Court of North Carolina

Decided December 16, 1959

Supreme Court of North Carolina · decided 1959-12-16

Decided 1959-12-16

PeR Curiam.

¶1Attention is called to the fact the suit is against the brokers who negotiated the insurance contract and not -against, the Virginia Mutual Insurance Company, the insurer. The right to cancel -is reserved to the insurer. The right to cancel being conceded, it appears any cause of action would be limited to the recovery of the unearned premium. The plaintiff’s evidence -showed he had received credit on another policy for the full amount due him. The plaintiff’s own evidence, therefore, put him out of court.

¶2The judgment of nonsuit is

¶3Affirmed.

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