Sunamerica Financial Corp. v. Bonham

MARTIN, Justice.

The unverified complaint initiating this case sought recovery of $1,313.97 “for money loaned by plaintiff to defendant and [which defendant] has failed and refused to pay.” Although filed on 27 August 1987, the complaint was not served on defendant until 25 January 1989. In a verified answer filed 14 March 1989, defendant denied that plaintiff had loaned him any money and also pled a Uniform Commercial Code statute of limitations as an affirmative defense. See N.C.G.S. § 25-2-725 (1986).

Defendant also filed a motion for summary judgment on 14 March 1989 in support of which he…