Miller v. First National Bank of Catawba County

67 S.E.2d 362 (1951)

234 N.C. 309

MILLER

v.

FIRST NATIONAL BANK OF CATAWBA COUNTY.

No. 313.

Supreme Court of North Carolina.

October 31, 1951.

Wade Lefler, Newton, Ratcliff, Vaughn, Hudson & Ferrell, Winston-Salem, for plaintiff appellee.

T. P. Pruitt, and Willis & Geitner, all of Hickory, for defendant appellant.

DEVIN, Chief Justice.

The defendant Bank appealed from the denial of its motion to strike certain paragraphs from the complaint filed in the suit instituted by the plaintiff to surcharge the accounts of First Security Trust Company as executor and trustee of his father's estate. It is alleged…