Stallings v. Occidental Life Insurance

This ease was here at Fall Term, 1948, and is reported in 229 N.C. 529, 50 S.E. 2d 292, where the facts material to the decision are stated. The appeal in that ease was by the defendant from a judgment in favor of the plaintiff, the defendant assigning as error that the trial court overruled its motion for nonsuit and directed a verdict for the plaintiff. We found error and awarded a new trial. In writing the opinion Chief Justice Stacy stated the Court’s decision on the facts then appearing as follows: “The case turns on whether there was a conditional delivery of the policy for purposes of…