Gibson v. Central Manufacturers Mutual Insurance Co‪.‬

Defendants assignments of error based on exceptions to denial of its motion, aptly made, for judgment as of nonsuit are not well taken. Defendant, having (1) admitted the issuance of the policy of insurance on which plaintiff bases his action, and (2) set up in avoidance the defense that the issuance of the policy was procured by the false representations of plaintiff in the respects averred, has the burden of proof on the issues thereby raised. The burden of proof is on the party holding the affirmative. Wilson v. Casualty Co., 210 N.C. 585, 188 S.E. 102; In re Atkinson, 225 N.C. 526, 35 S.E.2d 638. And judgment of nonsuit will not be granted in favor of one on whom rests the burden of proof. Moreover, in the record on the appeal, there is no request for a directed verdict.