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TRACTOR & A. SUP. CO. v. FAYETTEVILLE TRACTOR & EQ. CO.

No. 6812SC358.

163 S.E.2d 510 (1968)

2 N.C. App. 531

TRACTOR AND AUTO SUPPLY COMPANY, Inc. v. FAYETTEVILLE TRACTOR AND EQUIPMENT COMPANY, Inc., Original Defendant, and Additional Defendant, First-Citizens Bank & Trust Company.

Court of Appeals of North Carolina.

October 16, 1968.

Attorney(s) appearing for the Case

Jordan, Morris & Hoke by William R. Hoke, Raleigh, for First-Citizens Bank & Trust Co., appellant.

J. Duane Gilliam, Fayetteville, for H. Dolph Berry, receiver of Fayetteville Tractor and Equipment Co., Inc., appellee.

MALLARD, Chief Judge.

First-Citizens makes and brings forward four assignments of error as follows:

(1) "The Court erred in overruling the appellant's motion to amend its Proof of Claim so as to allege a fraudulent `kiting' of checks by Fayetteville Tractor and Equipment Company, Inc." (2) "The Court erred in failing to find as a fact that there are issues of fact which arise upon the written exceptions filed by the appellant. * * *" ...

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