PRENTZAS v. PRENTZAS

No. 605.

131 S.E.2d 678 (1963)

260 N.C. 101

Louis N. PRENTZAS v. Helen J. PRENTZAS, Administratrix of John N. Prentzas, Deceased, Helen J. Prentzas, Nicholas J. Patterson and Gus J. Patterson.

Supreme Court of North Carolina.

July 19, 1963.


Attorney(s) appearing for the Case

Andrew Joyner, Jr., and Adams, Kleemeier, Hagan & Hannah by Charles T. Hagan, Jr., Greensboro, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter by David M. Clark, Greensboro, for defendants-appellants.


RODMAN, Justice.

The court instructed the jury if it found the facts to be as all the evidence tended to show, it should answer the first issue (statute of limitations) in the negative. Defendants assign this peremptory instruction as error. The partnership existing between Louis and John created a fiduciary relationship imposing on John, the managing partner, the duty upon request of Louis, to render a full and accurate account of partnership affairs. Casey v. Grantham...

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