Commercial Finance Co. v. Holder

The assignments of error presented on this appeal are based upon exceptions to the rulings of the trial court in respect to the demurrer filed by plaintiff, and appear to be well taken. G.S. 1-137 (1) and (2). See also Hancammon v. Carr, 229 N.C. 52, 47 S.E. 2d 614; Smith v. Gibbons, 230 N.C. 600, 54 S.E. 2d 924.

The answer of a defendant must contain a statement of any new matter constituting a defense or counterclaim . . . etc. G.S. 1-135. Such counterclaim “must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and…