Townsend v. Bentley
Townsend v. Bentley
Opinion of the Court
The plaintiffs have by affidavit shown that the defendants executed a note to plaintiffs and $2,300.00 is due on the note. The note was incorporated into the complaint and was considered by the court in determining the motion for summary judgment. The only part of the plaintiffs’ evidence that depends on the credibility of the plaintiffs as witnesses is the plaintiffs’ statement that
The defendants also assign error to the court’s denial of their motion to amend their answer to assert a counterclaim. G.S. 1A-1, Rule 15, provides that 30 days after a pleading has been filed which does not require a responsive pleading, the pleading may be amended only by leave of the court. We hold the court did not abuse its discretion in this case. We note that the counterclaim which the defendants attempted to assert was not a compulsory counterclaim within the meaning of G.S. 1A-1, Rule 13(a). See Apartments, Inc. v. Landrum, 45 N.C. App. 490, 263 S.E. 2d 323 (1980).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.