# Commissioner of Banks Ex Rel. United Bank and Trust Co. v. Gavin

> Supreme Court of North Carolina · April 20, 1932 · 202 N.C. 843

URL: https://www.frixlaw.com/law-library/cases/3654638

## Case

- **Full name:** Commissioner of Banks, on Relation of the United Bank and Trust Company v. E. L. Gavin and His Wife, Mamie F. Gavin.
- **Court:** Supreme Court of North Carolina
- **Decided:** April 20, 1932
- **Citations:** 202 N.C. 843; 163 S.E. 926; 1932 N.C. LEXIS 269
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3654638

## Opinion text

.
_ Pee CueiaM.
The judgment in this action is affirmed on the authority of
Brown v. Polk,
201 N. C., 375 , 160 S. E., 357 , and decisions of this Court cited in the opinion in that case. A judgment in the action pending in the Superior Court of Lee County at the date of the commencement of this action would not support a plea of
res judicata
in this action. The causes of action alleged in the complaints in the two actions are not the same; and the results sought are dissimilar. This renders the plea in abatement bad.
The Commissioner of Banks by name should be made a party to this action. This may be done by amendment.
Commissioner of Banks v. Harvey, ante,
380.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3654638. Public record. Not legal advice.