Gibson v. Central Manufacturers' Mutual Insurance

"WinboRNe, J.

Defendant’s assignments of error based on exceptions to denial of its-motion, aptly made, for judgment as of nonsuit are not well taken. Defendant, baying (1) admitted tbe issuance of tbe policy of insurance on wbicb plaintiff bases bis action, and (2) set up in avoidance tbe defense tbat the issuance of tbe policy was procured by tbe false representations of plaintiff in tbe respects averred, bas tbe burden of proof on tbe issues thereby raised. Tbe burden of proof is on tbe party holding tbe affirmative. Wilson v. Casualty Co., 210 N.C. 585, 188 S.E. 102; In re Atkinson, 225…