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NORTHWESTERN BANK v. MORETZ

No. 8111DC707.

289 S.E.2d 614 (1982)

The NORTHWESTERN BANK v. J. Douglas MORETZ.

Court of Appeals of North Carolina.

April 6, 1982.

Attorney(s) appearing for the Case

James E. Holshouser, Jr., Southern Pines, and Love & Wicker, P.A. by Dennis A. Wicker, Sanford, for plaintiff-appellant.

Moretz & Moore by J. Douglas Moretz and G. Hugh Moore, Jr., Sanford, for defendant-appellee.

WHICHARD, Judge.

Plaintiff's complaint demanded judgment against defendant for the balance due on a promissory note. Defendant's answer pleaded, inter alia, that the note was delivered subject to a condition precedent that plaintiff would "pursue every possible effort" to collect the sum due from one Clyde Baker by prosecuting Baker for giving plaintiff a worthless check in payment of the sum due; and that plaintiff...

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