Tag Archives: forgery

Civil Practice — Rule 11 – Forged Signature – Conflicting Evidence – Indemnification Agreement – Construction Projects (access required)

Guarantee Co. of North America USA v. Metro Contracting, Inc. (Lawyers Weekly No. 002-019-15, 14 pp.) (Patrick Michael Duffy, J.) 2:13-cv-02266; D.S.C. Holding: There was conflicting evidence regarding the authenticity of defendant Audrey Griebe’s signature on the indemnity agreement with ...

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NC woman reported missing in SC surrenders

CHARLOTTE  A Gaston County woman reported missing in South Carolina has turned herself in to police in Charlotte. North Myrtle Beach, South Carolina, spokesman Pat Dowling said that 42-year-old Amy Arrington of Lowell turned herself in Wednesday night. Arrington was ...

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Criminal Practice – Forgery – Civil Practice – Evidence – Attorneys – Tort/Negligence – Legal Malpractice – Contempt – Constitutional – Double Jeopardy – Value — Sentencing  (access required)

State v. Brandt The offense of criminal contempt has an element that the offense of forgery does not have, and vice versa. Therefore, defendant’s prosecution for forgery - after his criminal contempt conviction — does not violate the constitutional prohibition against double jeopardy. We affirm defendant’s conviction of forgery but remand so that he may be sentenced for a misdemeanor rather than a felony.

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Real Property – Mortgages – Foreclosure – Tenants in Common – Fraud – Forgery – Equity (access required)

Bank of New York v. Salone Defendant Randolph was a completely innocent party who found herself ensnarled in a mortgage foreclosure action through no fault of her own; instead, it was due to a forgery committed (apparently at the behest of her tenant-in-common) as a result of the plaintiff-bank's failure to use due diligence in ensuring that the party signing the mortgage documents was, in fact, Randolph. Furthermore, it is the unappealed law of the case that Randolph would be harmed more if the bank were allowed to foreclose than if her brother remained her tenant-in-common. We affirm the trial court's order granting Randolph's motion for voluntary nonsuit.

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