Weaver v. Pilot Life Insurance

184 S.E. 479, 209 N.C. 850, 1936 N.C. LEXIS 383

• Court: Supreme Court of North Carolina
• Decided: March 18, 1936
• Status: Published

Opinion

Per Curiam.

At the close of plaintiff’s evidence the defendant in the court below made a motion for judgment as in case of nonsuit. C. S., 567. The court below sustained the motion, and in this we can see no error.

The plaintiff alleged in his complaint: “That on or about......December, 1932, while the contract or policy of insurance was still in force, the existing contract between the plaintiff and defendant, and while all premiums then due by the plaintiff to the defendant had been paid, the plaintiff became totally and permanently disabled, having been and still being prevented from performing any work or from conducting any business for compensation or profit.” This was denied by defendant.

After reading carefully the evidence on the part of plaintiff, we do not think, taking it in the light most favorable to plaintiff, that- it sustained the allegations of his complaint. Thigpen v. Ins. Co., 204 N. C., 551.

The judgment is

Affirmed.

Devin, J., took no part in the consideration or decision of this case.