Bache Halsey Stuart, Inc. v. Hunsucker

MORRIS, Judge.

The question defendant has presented to this Court is whether his second and third counterclaims allege a cause of action sufficient to withstand the plaintiff’s motion to dismiss. G.S. 1A-1, Rule 12(b)(6). Defendant argues that plaintiff’s unauthorized sale of futures contracts, unauthorized purchases of contracts to close out defendant’s position, and subsequent liquidation of his cash and margin accounts constituted violations of the North Carolina unfair trade practices statute, G.S. 75-1.1, entitling him to treble damages and attorney’s fees under G.S. 75-16 and G.S.…