United Carolina Bank v. First Union National Bank

GREENE, Judge.

Plaintiff appeals from an 11 June 1991 judgment of the trial court, sitting without a jury, granting defendant’s motion to dismiss *203made 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 of $23,000.00 payable to the order of Eagle Construction Company. Jack S. Allen and Sylvia P. Allen were partners of Eagle Construction…