Landreth v. American Equitable Assurance Co.

“It is tbe well settled rule of practice and tbe accepted position in tbis jurisdiction that, on a motion to nonsuit, tbe evidence wbicb makes for tbe plaintiff’s claim and wbicb tends to support bis cause of action, whether offered by tbe plaintiff or elicited from tbe defendant’s witnesses, will be taken and considered in its most favorable light for tbe plaintiff, and be is entitled to tbe benefit of every reasonable intendment upon tbe evidence, and every reasonable inference to be drawn therefrom.” Morris v. Y. & B. Corp., 198 N. C., at p. 708.

Tbe defendant in its brief frankly says: “As…