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IN RE MADIX ASPHALT ROOFING CORPORATION

No. 564.

84 F.Supp. 711 (1949)

In re MADIX ASPHALT ROOFING CORPORATION. In re Claim of FIRST-CITIZENS BANK & TRUST CO.

United States District Court E. D. North Carolina, New Bern Division.

July 9, 1949.

Attorney(s) appearing for the Case

Willis Smith and Willis Smith, Jr., of Raleigh, N. C., for William H. Potter, trustee.

D. L. Ward, of New Bern, N. C., for claimant, First-Citizens Bank & Trust Co.

J. F. Duncan, of Beaufort, N. C., for Chalk & Gibbs.

GILLIAM, District Judge.

If this were an action by Chalk & Gibbs against the Bank to collect the premiums which they have paid it could not be sustained under the North Carolina law. It was expressly so held in Whitehead v. Wilson Knitting Mills, 194 N.C. 281, 139 S.E. 456, 457, 56 A.L.R. 674. The facts in that case are the same as the facts here, except in the Whitehead case the mortgagee refused to pay the premiums and the insurance agency which had paid them...

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