Girard Trust Bank v. Belk

MORRIS, Chief Judge.

Plaintiff’s Appeal

Plaintiff assigns error to the entry of summary judgment dismissing defendants Belk and Henderson Belk Enterprises, Inc. Plaintiff’s primary contention is “that the circumstantial evidence that Belk was a party to the fraud is overwhelming.” Furthermore, plaintiff cites Temel-Peck’s indebtedness to Belk as a motive for the alleged scheme, Belk’s control of the corporations as the opportunity to perpetrate the fraud, along with the knowing acceptance of the benefits of the fraudulent transaction, failure to make an investigation of the transaction…