# City of Albemarle v. Security Bank & Trust Co.

> Court of Appeals of North Carolina · April 7, 1992 · 106 N.C. App. 75

URL: https://www.frixlaw.com/law-library/cases/9604863

## Case

- **Full name:** City of Albemarle v. Security Bank and Trust Company and Stanly County
- **Court:** Court of Appeals of North Carolina
- **Decided:** April 7, 1992
- **Citations:** 106 N.C. App. 75; 415 S.E.2d 96; 1992 N.C. App. LEXIS 335
- **Precedential status:** Published
- **Opinion:** Concurrence by Hedrick
- **Judges:** Hedrick, Orr, Walker
- **Cited by:** 6 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/9604863

## How later opinions describe it (automated extraction)

- affirming the trial court’s finding that “the interest of the respective council members [, who were executives in financial institutions in direct competition with the defendant,] . . . was too remote and infinitesimal to give rise to a conflict of interest” (internal quotati…

## Opinion text

Chief Judge HEDRICK
concurring.
I concur in the result reached by the majority, but I would vote to dismiss the appeal. Defendants have appealed from an order striking certain of their defenses. In the order appealed from, the trial court expressly stated:
This cause is retained for further hearing upon the Third Defense set out in the answer of the Defendant Security Bank relating to the issue of damages suffered the defendant by the taking of its land.
Obviously, this is not a final judgment and does not deprive defendant of a substantial right within the meaning of G.S. 1-277. No good is served by our consideration of these fragmentary appeals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9604863. Public record. Not legal advice.