WHITMIRE v. FIRST FEDERAL S. & L. ASS'N, ETC.

No. 7429SC442.

208 S.E.2d 248 (1974)

23 N.C. App. 39

Robert L. WHITMIRE, Jr., and Boyd B. Massagee, Jr., Receivers of Croft-Gesner, Inc. v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HENDERSONVILLE and Bank of North Carolina, N. A.

Court of Appeals of North Carolina.

September 18, 1974.


Attorney(s) appearing for the Case

Boyd B. Massagee, Jr. and Robert L. Whitmire, Jr., Hendersonville, receivers, plaintiff appellees.

Redden, Redden & Redden by M. M. Redden, Hendersonville, for defendant appellants.


PARKER, Judge.

The court properly denied defendants' motion for summary judgment. In their answer defendants alleged that at the time Croft-Gesner, Inc. was placed in receivership, First Federal had inspected the properties involved and was preparing to make final disbursements of the loan proceeds and to execute and deliver the check for $15,000.00 to the Bank. However, from the affidavit filed by plaintiffs in opposition to defendants' motion for summary judgment...

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