Long v. Mountain Trust Bank

By JUDGE ROSCOE B. STEPHENSON, JR.

Although the defendants have filed various pleadings,1 the threshold question to be decided is whether the plaintiff should be granted a nonsuit.

Previous to the present action, the plaintiff filed a motion for judgment against the same defendants named herein. The previous action lay in tort (fraud and deceit), arose out of the same operative facts as stated in this action and alleged essentially the same wrongful acts by the defendants as are alleged in the present suit. By order entered December 1, 1976, the plaintiff was granted a nonsuit as to the…