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COLEY v. NORTH CAROLINA NAT. BANK

No. 7819SC672.

254 S.E.2d 217 (1979)

41 N.C. App. 121

Larry W. COLEY and Judy B. Coley, his wife v. NORTH CAROLINA NATIONAL BANK, Tommy J. Williams, Curtis R. Eudy and Elizabeth W. Eudy, his wife.

Court of Appeals of North Carolina.

May 1, 1979.

Attorney(s) appearing for the Case

Wesley B. Grant, Concord, for plaintiffs-appellants.

Berry, Bledsoe, Hogewood & Edwards by Ashley L. Hogewood, Jr., and Jackie D. Drum, Charlotte, for defendant-appellee North Carolina Nat. Bank.

HEDRICK, Judge.

Plaintiff first contends that the court erred in granting the Bank's Rule 12(b)(6) motion to dismiss. Plaintiff argues that the complaint contains sufficiently detailed allegations of fact which, if proven, would establish fraud.

The essential elements of active fraud are well-established: There must be a misrepresentation of material fact, made with knowledge of its falsity and with intent to deceive, which the other party reasonably relies...

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