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CAROLINA FIRST NAT. BANK v. DOUGLAS GALLERY OF HOMES

No. 8327SC166.

314 S.E.2d 801 (1984)

CAROLINA FIRST NATIONAL BANK, Plaintiff, v. DOUGLAS GALLERY OF HOMES, LTD., (formerly Harleston and Magness, Inc., d/b/a Gallery of Homes), and Ernest R. Magness and James A. Jennings, Defendants. Ernest R. MAGNESS, Third Party Plaintiff, v. Marinell S. MOORE, Individually and as Executrix of the Estate of B.T. Moore, Third Party Defendant. Ernest R. MAGNESS, Third Party Plaintiff, v. DOUGLAS GALLERY OF HOMES, LTD., Third Party Defendant.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Erwin & Beddow, P.A. by Timothy W. Griffin and Fenton T. Erwin, Jr., Charlotte, for defendant-appellant Magness.

Jonas, Jonas & Rhyne by Richard E. Jonas, Lincolnton, for plaintiff-appellee.

BECTON, Judge.

Plaintiff, payee, Carolina First National Bank (CFNB), instituted this action on 23 September 1981 against the maker, defendant Harleston & Magness, Inc. (Harleston), and the endorsers, defendants Ernest R. Magness and James A. Jennings, of a negotiable promissory note made payable to "CAROLINA FIRST NATIONAL BANK, or Order." In his Answer, Magness admitted his endorsement on the note, but raised several defenses. Neither Harleston nor Jennings...

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