EMERALD PORTFOLIO v. OUTER BANKS/KINNAKEET

No. COA16-31.

790 S.E.2d 721 (2016)

EMERALD PORTFOLIO, LLC, Plaintiff, v. OUTER BANKS/KINNAKEET ASSOCIATES, LLC, Ray Hollowell Individually, and Donna Hollowell Individually, Defendants.

Court of Appeals of North Carolina.

Filed: September 6, 2016.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Robert A. Mays , Asheville, for plaintiff-appellee.

Phillip H. Hayes , Kitty Hawk, for defendants-appellants Outer Banks/Kinnakeet Associates, LLC and Ray Hollowell.


Where the assignee of a note lacked possession of the note and did not satisfy the statutory provisions for enforcement of a lost note, the trial court erred in granting summary judgment in favor of the assignee. Where there was no genuine issue of material fact as to obligor's contractual debt pursuant to the guaranty agreement...

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