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UNDERWOOD v. NATIONAL GRANGE MUTUAL LIABILITY CO.

No. 390.

128 S.E.2d 577 (1962)

258 N.C. 211

Lewis B. UNDERWOOD, Administrator of the Estate of Harold Dean Underwood, Deceased, Plaintiff-Appellee and Cross-Appellant, v. NATIONAL GRANGE MUTUAL LIABILITY COMPANY, Defendant-Appellant; and Southern Excess, Inc. (Formerly Freeman & Stafford Insurance Agency, Inc.), Cross-Appellee.

Supreme Court of North Carolina.

December 12, 1962.

Attorney(s) appearing for the Case

Alvin A. Thomas and Clyde C. Randolph, Jr., Winston-Salem, for plaintiff.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant Liability Co.

MOORE, Justice.

The parties waived trial by jury and agreed that the judge hear the evidence, make findings of fact and enter judgment. G.S. § 1-184.

The evidence is summarized as follows: In March 1958 Mrs. Bessie Chaffin purchased for the use of her son Jerry Wayne Otwell (Jerry), age 17, an automobile, and registered the title in her own name. She went to the office of Southern Excess, Inc., (formerly Freeman & Stafford Insurance Agency, Inc.,...

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