The contract of insurance issued by the defendant to Pomona Mills, Inc., under which, plaintiff claims, was not offered in evidence. Nor does it appear that it was in force when plaintiff’s intestate left the Pomona Mills or when he died. The judgment of nonsuit was properly entered.
The order made by the judge allowing defendant to file answer, after statutory time for filing had expired, is supported by the decision in Howard v. Hinson, 191 N. C., 366, 131 S. E., 748.
Affirmed.