Abrams v. Metropolitan Life Insurance

Stacy, 0. J.

Tbe case was brought back because of an alleged inad-

vertence or misapprehension of the record as it relates to the second cause of action. It is contended that no evidence was offered by the plaintiff to show a cancellation of the policy.

It was said on the original hearing that the complaint states a cause of action for wrongful cancellation, which is consistent with the cause of action on the policy, as both are in affirmance of the contract, and a new trial was granted, limited to this alleged breach of plaintiff’s contractual rights. Trust Co. v. Ins. Co., 173 N. C., 558, 92…