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GIRARD TRUST BANK v. BELK

No. 7826SC621.

255 S.E.2d 430 (1979)

41 N.C. App. 328

GIRARD TRUST BANK v. Henderson BELK, Frank W. Wilson, Palmer Ford and Henderson Belk Enterprises, Inc.

Court of Appeals of North Carolina.

June 5, 1979.

Attorney(s) appearing for the Case

Fairly, Hamrick, Monteith & Cobb by S. Dean Hamrick and F. Lane Williamson, Charlotte, for plaintiff-appellant.

Weinstein, Sturges, Odom, Bigger, Jonas and Campbell by T. LaFontine Odom and L. Holmes Eleazer, Jr., Charlotte, for defendants-appellees.

MORRIS, Chief Judge.

Plaintiff's Appeal

Plaintiff assigns error to the entry of summary judgment dismissing defendants Belk and Henderson Belk Enterprises, Inc. Plaintiff's primary contention is "that the circumstantial evidence that Belk was a party to the fraud is overwhelming." Furthermore, plaintiff cites Temel-Peck's indebtedness to Belk as a motive for the alleged scheme, Belk's control of the corporations as the opportunity to perpetrate the...

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