Legal Opinion

Carolina First Bank v. Stark, Inc.

Court of Appeals of North Carolina

Decided May 20, 2008No. COA07-833PublishedCited by 6 opinions

1Opinion of the Court

CALABRIA, Judge.

Carolina First Bank (“plaintiff’) appeals the portion of the trial court’s judgment concluding that Marcel Stark (“guarantor”) is not personally liable for any debt incurred by Stark, Inc. owed to the plaintiff. The judgment also concluded that defendant Stark, Inc. was liable to the plaintiff for $567,007.24. We reverse.

Stark, Inc., a specialty women’s clothing manufacturer, was incorporated in South Carolina in 1994. Marcel Stark is the president of Stark, Inc. In 1997, Stark, Inc. and the guarantor (collectively the “defendants”) began a banking relationship with Rock Hill…

2Cases cited9 opinions

  1. Tri-County Ice and Fuel Co. v. Palmetto Ice Co.Supreme Court of South Carolina · 1991
  2. Mann Contractors, Inc. v. Flair With Goldsmith Consultants-II, Inc.Court of Appeals of North Carolina · 1999
  3. Biemann & Rowell Co. v. Donohoe CompaniesCourt of Appeals of North Carolina · 2001
  4. PPG Industries, Inc. v. Orangeburg Paint & Decorating Center, Inc.Court of Appeals of South Carolina · 1988
  5. McGee v. F. W. Poe Mfg. Co.Supreme Court of South Carolina · 1935

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3Cited by6 opinions

  1. Capital Resources, LLC v. Chelda, Inc.Court of Appeals of North Carolina · 2012
  2. Branch Banking & Trust Co v. PriceCourt of Appeals for the Fifth Circuit · 2013
  3. CAROLINA FIRST BANK v. StarkSupreme Court of North Carolina · 2008
  4. Carolina First Bank v. Stark, Inc.Supreme Court of North Carolina · 2009
  5. Simmons v. Accordius Health, LLCDistrict Court, W.D. North Carolina · 2021

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