Northwestern Mutual Insurance Company v. Hylton

It is well settled in this jurisdiction that a plaintiff has the burden of proof on all allegations, negative as well as affirmative, which are essential to his claim or cause of action. 3 Strong, N.C. Index 2d, Evidence, § 5, pp. 603-604. Defendant contends that judgment of involuntary nonsuit was proper in the instant case for the reason that plaintiff failed to carry the burden of proving its legal obligation to pay the money for-which it seeks indemnity from the defendant. We agree with this contention.

In testing the sufficiency of the evidence in the instant case to survive motion for…