LESTER BROTHERS, INC. v. POPE REALTY & INSURANCE CO.

No. 676.

109 S.E.2d 263 (1959)

250 N.C. 565

LESTER BROTHERS, INC. v. POPE REALTY & INSURANCE COMPANY, Charles A. Pope, Jr., W. R. Winders, Receiver for Pope Realty & Insurance Company.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

Broaddus, Epperly & Broaddus, by John D. Epperly, Martinsville, Va., Bryant, Lipton, Strayhorn & Bryant, by Victor S. Bryant, Jr., Durham, for plaintiff, appellant.

Spears, Spears & Powe, by Marshall T. Spears, Jr., Durham, for defendant Charles A. Pope., Jr., appellee.


HIGGINS, Justice.

The only question in the case is the individual liability of the defendant Pope. The plaintiff sought to have him held liable for the whole account because of the alleged fraudulent acts on his part. The court found the plaintiff did not rely on the false statements in extending credit. This finding is supported by the evidence. The court's conclusion that Pope is not individually liable on the ground of fraud follows as a matter of course.

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