AGALIOTIS v. AGALIOTIS

No. 7712DC925.

247 S.E.2d 28 (1978)

38 N.C. App. 42

Robert L. AGALIOTIS v. Louis AGALIOTIS and Frances Scates.

Court of Appeals of North Carolina.

September 5, 1978.


Attorney(s) appearing for the Case

Downing, David, Vallery & Maxwell by Edward J. David, Fayetteville, for plaintiff-appellee.

Barrington, Jones & Witcover by Henry W. Witcover, Fayetteville, for defendant-appellant Louis Agaliotis.


ERWIN, Judge.

Defendant contends that the trial court erred in concluding as a matter of law that he "willfully and wrongfully endorsed the check signing the name: `Robert L. Agaliotis,'" that plaintiff was entitled to the proceeds thereof, and that defendant had converted such proceeds. We find merit in defendant's arguments and hold that the trial court erred in granting plaintiff's motion for summary judgment.

The trial court made the following findings...

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