Witten Productions, Inc. v. Republic Bank & Trust Co.

ARNOLD, Judge.

Plaintiff first contends the trial court erred in granting defendant’s motion for summary judgment. The test for granting summary judgment is “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” N.C.R. Civ. P. 56(c).

We first look to North Carolina General Statutes Chapter 25, Article 3, the Uniform Commercial Code — Commercial Paper, which governs checks and their validity. The Uniform…