Supreme Court of North Carolina, 1959

Shoffner v. Mann

Shoffner v. Mann
Supreme Court of North Carolina · Decided December 16, 1959
251 N.C. 462; 111 S.E.2d 543; 1959 N.C. LEXIS 588

Shoffner v. Mann

Opinion of the Court

PeR Curiam.

Attention 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.

The judgment of nonsuit is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.