NORTH CAROLINA NAT. BANK v. GILLESPIE

No. 12.

230 S.E.2d 375 (1976)

291 N.C. 303

NORTH CAROLINA NATIONAL BANK v. H. L. GILLESPIE, trading as H. L. Gillespie Used Cars.

Supreme Court of North Carolina.

December 7, 1976.


Attorney(s) appearing for the Case

Folger & Folger, by Larry Bowman, Mount Airy, for plaintiff.

Franklin Smith, Elkin, for defendant.


BRANCH, Justice.

The threshold question presented by this appeal is whether defendant could demonstrate the existence of a genuine issue as to a material fact by raising an unpleaded defense by his evidence opposing plaintiff's motion for summary judgment.

Nowhere in his answer did defendant assert the defenses raised by his affidavits filed in opposition to the motion for summary judgment.

Earlier cases took the view that evidence offered at a hearing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases