Moffitt v. Equitable Life Assurance Society of the United States, 207 N.C. 859 (1934)

Oct. 10, 1934 · Supreme Court of North Carolina

207 N.C. 859

L. R. MOFFITT v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES.

(Filed 10 October, 1934.)

Appeal by plaintiff from Schenck, J., at March Term, 1934, of BUNCOMBE.

Civil action to recover on certificate of group insurance, tried upon tbe following issue:

“1. Was tbe employment of tbe plaintiff L. R. MoffLtt by American Enka Corporation in effect on 25 February, 1932, as alleged? Answer: £No.’ ”

Plaintiff testified tbat be worked for tbe defendant until 4 February, 1932. He seeks to recover for an injury sustained on 25 February, 1932.

Judgment on tbe verdict for defendant, from wbicb tbe plaintiff appeals, assigning errors.

Cecil C. Jackson for plaintiff.

B. B. Williams and Bourne, Parker, Bernard & DuBose for defendant.

Per Curiam.

Tbe certificate in suit automatically terminated, for present purposes, wben plaintiff ceased to be an employee of tbe defendant. Tbis was tbe theory upon wbicb tbe case was tried. Tbe issue is sufficient in form to settle tbe matter. ' Tbe verdict and judgment will be upheld. Boozer v. Assurance Society, 206 N. C., 848; Perry v. Assurance Society, 206 N. C., 122, 172 S. E., 527; Deese v. Ins. Co., 204 N. C., 214, 167 S. E., 797.

No error.

Schenck, J., took no part in tbe consideration or decision of tbis ease.