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MONROE v. DIETENHOFFER

No. 544.

142 S.E.2d 135 (1965)

264 N.C. 538

Dr. C. R. MONROE v. Miriam Lucille DIETENHOFFER, Individually and as Executrix of the Estate of Herbert J. Dietenhoffer, Deceased, and Carolina Bank.

Supreme Court of North Carolina.

June 2, 1965.

Attorney(s) appearing for the Case

Wilson, Bain & Bowen, Dunn, for plaintiff appellant.

Boyette & Brogden, Carthage, for defendant appellee Carolina Bank.

BOBBITT, Justice.

Plaintiff's allegations relate to: (1) his alleged claim against the estate of Dietenhoffer; (2) his alleged claim against Mrs. Dietenhoffer, individually, on account of her unlawful use of funds of the deceased; and (3) his alleged claim against Carolina Bank because (a) it honored checks, signed by (unauthorized) persons other than Dietenhoffer, drawn on funds on deposit to the credit of Dietenhoffer and of Dietenhoffer and Heartfield at the time...

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