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HARTFORD ACC. AND INDEM. v. DEAN'S SHOP-RITE

No. 7921SC1098.

269 S.E.2d 282 (1980)

48 N.C. App. 615

HARTFORD ACCIDENT AND INDEMNITY COMPANY v. DEAN'S SHOP-RITE, INC.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by Grover G. Wilson, Winston-Salem, for plaintiff-appellant.

Blackwell, Blackwell, Canady & Eller by Jack E. Thornton, Jr., Winston-Salem, for defendant-appellee.

WEBB, Judge.

The only question presented by this appeal is whether the motion for summary judgment was properly allowed. We hold that it was.

G.S. 25-3-406 provides:

Any person who by his negligence substantially contributes to a material alteration of the instrument or to the making of an unauthorized signature is precluded from asserting the alteration or lack of authority against a holder in due course or against a drawee or other payor who pays...

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