UNITED CAROLINA BANK v. FIRST UNION NAT. BANK

No. 9113SC1274.

426 S.E.2d 462 (1993)

109 N.C. App. 201

UNITED CAROLINA BANK v. FIRST UNION NATIONAL BANK.

Court of Appeals of North Carolina.

March 2, 1993.


Attorney(s) appearing for the Case

Prevatte, Prevatte & Campbell by Kenneth R. Campbell and James R. Prevatte, Jr., Southport, for plaintiff-appellant.

Marshall, Williams & Gorham by Lonnie B. Williams, Wilmington, and First Union Corp. Legal Div. by Staff Atty. Barbara J. Hellenschmidt, Charlotte, for defendant-appellee.


GREENE, Judge.

Plaintiff appeals from an 11 June 1991 judgment of the trial court, sitting without a jury, granting defendant's motion to dismiss made at the close of plaintiff's evidence pursuant to N.C.G.S. § 1A-1, Rule 41(b), on the ground that plaintiff established no right to relief.

The evidence before the trial court established that on 29 March 1989, Mary S. Wood (Wood) drew a check on defendant First Union National Bank (First Union) in the amount...

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