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MILLER v. FIRST NATIONAL BANK OF CATAWBA COUNTY

No. 313.

67 S.E.2d 362 (1951)

234 N.C. 309

MILLER v. FIRST NATIONAL BANK OF CATAWBA COUNTY.

Supreme Court of North Carolina.

October 31, 1951.

Attorney(s) appearing for the Case

Wade Lefler, Newton, Ratcliff, Vaughn, Hudson & Ferrell, Winston-Salem, for plaintiff appellee.

T. P. Pruitt, and Willis & Geitner, all of Hickory, for defendant appellant.

DEVIN, Chief Justice.

The defendant Bank appealed from the denial of its motion to strike certain paragraphs from the complaint filed in the suit instituted by the plaintiff to surcharge the accounts of First Security Trust Company as executor and trustee of his father's estate. It is alleged the defendant Bank had absorbed by consolidation or merger the named Trust Company and assumed its liabilities. The gravamen of the...

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