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KANE PLAZA ASSOCIATES v. CHADWICK

No. COA96-230.

486 S.E.2d 465 (1997)

KANE PLAZA ASSOCIATES and Northwestern Mutual Life Insurance Company, Plaintiffs, v. Bruce A. CHADWICK, d/b/a Chadwicks, and James M. Williamson, Defendants.

Court of Appeals of North Carolina.

July 1, 1997.

Attorney(s) appearing for the Case

Wyche & Story by James B. Angell, Raleigh, for plaintiff-appellant Kane Plaza Associates.

Ward and Smith, P.A. by Louise W. Flanagan, Greenville, for plaintiff-appellant Northwestern Mutual Life Insurance Company.

Sams & Lassiter, L.L.P. by E. Keen Lassiter, Greenville, for defendant-appellee Bruce A. Chadwick, d/b/a Chadwicks.

Gaylord, Singleton, McNally, Strickland & Snyder, L.L.P. by Danny D. McNally, Greenville, for defendant-appellee James M. Williamson.

JOHN, Judge.

Plaintiff Kane Plaza Associates (Kane Plaza) appeals trial court's 2 August 1993 order pursuant to N.C.R. Civ. P. 12(b)(6) dismissing Kane Plaza's cause of action demanding payment on promissory note. We reverse trial court.

Pertinent allegations of Kane Plaza and procedural history are as follows: On or about 1 December 1988, defendants executed a $40,000 promissory note (the note) payable to J.M. Kane & Co. (J. M.Kane) or order. The note...

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