Cato v. . Hospital Care Association

Tbe defendant appellant contends tbat tbe lower court committed error by not rendering judgment on tbe verdict for tbe defendant appellant and by signing tbe judgment. We cannot so bold on tbe record.

Tbe charge of tbe court below is not in tbe record, and it is well settled in this jurisdiction tbat it is assumed tbat tbe court below charged tbe law applicable to tbe facts. Maynard v. Holder, 219 N. C., 470 (471).

Tbe evidence is to tbe effect tbat tbe agent of tbe defendant went to tbe borne of plaintiffs, on 21 February, 1939, and applications for certificates of membership were signed by…