INTERN. MINERALS & CHEMICAL CORP. v. MATTHEWS

No. 8311SC1166.

321 S.E.2d 545 (1984)

INTERNATIONAL MINERALS AND CHEMICAL CORPORATION v. Janet J. MATTHEWS.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Pope, Tilghman & Tart by Patrick H. Pope and Ann C. Taylor, and Lytch, Rizzo & Thompson by Benjamin N. Thompson, Dunn, for plaintiff-appellee.

Clifton & Singer by Benjamin F. Clifton, Jr. and W. Robert Denning, III, Raleigh, for defendant-appellant.


PHILLIPS, Judge.

If the note involved in this case is a negotiable instrument, governed by the Uniform Commercial Code, the order of summary judgment was correctly entered and the defendant's appeal is without merit. This is because execution, demand and nonpayment are admitted and the only defense raised, that the note was for a pre-existing debt and without consideration, has been rendered nugatory by G.S. 25-3-408. This statute, in pertinent part, provides as follows...

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