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NEWSOME v. PRUDENTIAL INSURANCE CO. OF AMERICA

No. 68SC226.

166 S.E.2d 487 (1969)

4 N.C. App. 161

Judy Grace NEWSOME, Administratrix of the Estate of Francis Rudolph Newsome v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.

Court of Appeals of North Carolina.

April 2, 1969.

Attorney(s) appearing for the Case

Lewis & Rouse, by John B. Lewis, Jr., Farmville, for plaintiff appellant.

Emanuel & Emanuel, by Robert L. Emanuel, Raleigh, for defendant appellee.

PARKER, Judge.

The question presented by this appeal is whether plaintiff is the real party in interest within the meaning of G.S. § 1-57, and as such has the right to maintain this action.

Defendant insurance company contends that since both its insurance policy and the certificate which was issued thereunder expressly provide that payment of the insurance proceeds shall be made to GMAC, referred to as "Creditor" in the policy and as "Policyholder" in...

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