FIVE STAR ENTERPRISES, INC. v. RUSSELL

No. 7719SC3.

237 S.E.2d 859 (1977)

FIVE STAR ENTERPRISES, INC., d/b/a Lighthouse Marina, by Wesley B. Grant, Trustee in Bankruptcy v. Joel W. RUSSELL, Malcolm G. Kelly, Alfred H. Russell, Odell Casteen, Don Swisher, and John Glenn.

Court of Appeals of North Carolina.

October 19, 1977.


Attorney(s) appearing for the Case

Wesley B. Grant, P.A., Concord, for plaintiff.

George C. Mountcastle, Morganton, for defendant.


MARTIN, Judge.

Plaintiff contends that the court erred in granting summary judgment in defendant's favor. He argues that a genuine issue of material fact exists as to whether, at the time defendant made the $2,000 payment to Russell, he had knowledge of Five Star and its financial condition and of Russell's intention to apply the check to his own personal obligation.

Defendant's affidavit, in support of his motion for summary judgment, sets forth the following...

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