NORTH CAROLINA STATE P. A. v. FIRST-CITIZENS B. & T. CO.

No. 459.

88 S.E.2d 109 (1955)

242 N.C. 416

NORTH CAROLINA STATE PORTS AUTHORITY v. FIRST-CITIZENS BANK & TRUST COMPANY and Wachovia Bank & Trust Company.

Supreme Court of North Carolina.

June 30, 1955.


Attorney(s) appearing for the Case

Ward & Tucker, New Bern, for defendant First-Citizens Bank & Trust Company, appellant.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant Wachovia Bank & Trust Company, appellant.

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Ralph Moody for plaintiff-appellee.

Murray Allen, Raleigh, and Norman C. Shepard, Wilmington, as amici curiae.


BOBBITT, Justice.

Upon waiver of jury trial, the court found the facts. G.S. § 1-262. The findings, based on competent evidence, embrace all facts narrated in the foregoing statement and in this opinion.

The questions for decision are these: (1) Does Section 13 of the State Ports Bonds Act, quoted above, prohibit or suspend, as long as any of the State Ports Bonds remain outstanding and unpaid, the Authority's right to raise $60,000 of the cost of construction...

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