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O'GRADY v. FIRST UNION NAT. BANK OF N. C.

No. 775SC161.

241 S.E.2d 375 (1978)

35 N.C. App. 315

Thomas O'GRADY, James R. Pridemore, Peter MacQueen, III and Mary G. MacQueen v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA v. BANK OF NORTH CAROLINA, N.A. v. Jack F. STEWART and Wayne C. Huddleston.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Crossley & Johnson by Robert White Johnson, Wilmington, for plaintiffs-appellants.

Parker, Rice & Myles by Charles E. Rice III, Wilmington, for defendant-appellee, FUNB.

ERWIN, Judge.

The plaintiff, O'Grady, would have testified, if permitted, that he had the letter of credit issued on the condition that Jack and Flora Stewart would remain liable on the note. The plaintiffs, MacQueen, would have testified, if permitted, that they executed the guaranty on the condition that Jack and Flora Stewart would remain liable on the note. The plaintiffs contend that these were conditions precedent.

Relying upon Bailey v. Westmoreland...

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