FIRST-CITIZENS BANK & TRUST CO. v. PERRY

No. 783SC369.

252 S.E.2d 288 (1979)

40 N.C. App. 272

FIRST-CITIZENS BANK & TRUST COMPANY v. Jack PERRY, d/b/a Perry's Construction Company.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Ward & Smith, by John A. J. Ward, New Bern, for plaintiff.

William K. Rhodes, Jr., Wilmington, for defendant appellant.


HARRY C. MARTIN, Judge.

Defendant contends the evidence in his affidavit concerning the failure of plaintiff to deliver timely bank statements to him raises a genuine issue of material fact as to plaintiff's claim. We do not agree.

Defendant admits he wrote the 181 checks in the total amount of $86,268.99; that these checks were drawn on his account with plaintiff bank; that the checks were paid by plaintiff to the respective payees or endorsers. Defendant...

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