By North Carolina Lawyers Weekly Staff
Published: December 26,2012
Sollis v. Holman After obtaining a Texas judgment against a no-asset Texas corporation, plaintiff cannot bring a North Carolina action to pierce the corporate veil in order to enforce the judgment against the Texas corporation’s owner, a Texas resident. We affirm summary judgment for defendant.
By North Carolina Lawyers Weekly Staff
Published: June 19,2012
Epes v. B.E. Waterhouse, LLC Where both the lease assignment and plaintiff’s guaranty reflect that the assignment would not release plaintiff from liability as guarantor, the trial court correctly granted summary judgment to the defendant-landlords on plaintiff’s request for a declaratory judgment that plaintiff “has no ongoing duties, obligations, or liability of any type to defendants under any agreement or under applicable law.”
By North Carolina Lawyers Weekly Staff
Published: May 8,2012
Bank of the Carolinas v. Burkett Even though defendant guaranteed only $100,000 of the borrower’s $678,776 loan, and even though the borrower paid more than $100,000 of its balance before it defaulted, since the borrower still owes more than $100,000, defendant is still liable under his guaranty.
By North Carolina Lawyers Weekly Staff
Published: February 9,2012
Procar II, Inc. v. Dennis Even though plaintiff continued to extend credit to Southeastern Material, Inc. after defendants agreed to personally guarantee Southeastern’s $611,500 debt, since the guaranty makes no mention of any future obligations - it refers only to the debt “due to and owing” - the guaranty did not apply to future extensions of credit. The guaranty was not supported by adequate consideration and is therefore unenforceable between the parties.
By North Carolina Lawyers Weekly Staff
Published: January 19,2012
Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLC Letters from an LLC member to its creditor promised to pay the LLC’s debt. Combined with the creditor’s forbearance to sue, the letters allow the creditor’s claim of a guaranty to survive the LLC member’s motion to dismiss. We reverse the trial court’s grant of defendant Reynolds’ motion to dismiss.
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John Conner Construction, Inc. v. Grandfather Holding Co. Where the majority opinion in our Court of Appeals held, Where the plaintiff-contractors started working on the land at issue for defendant Grandfather Holding Co. before Grandfather Holding even entered into formal negotiations to buy the land, the contractors had no statutory right to file a claim of lien on the property, the ruling stands without precedential value
State v. Dial Even if Deputy Burger’s testimony about prior arrests at defendant’s home only included one felony drug arrest, the trial court’s finding that Burger “had dealt with defendant on other occasions as well, including making felony drug arrests at the residence” was not prejudicial
Wilhite v. Pike Electric, Inc. Although plaintiff’s doctor agreed with plaintiff’s counsel’s assertion that plaintiff was “100 percent” disabled, the doctor’s opinion on this point was not based solely upon plaintiff’s medical condition – which the doctor said was unchanged – or on the doctor’s medical expertise; rather, the doctor agreed with counsel’s assessment based on the doctor’s consideration of plaintiff’s “skill set and educational background.”
