Diamond Brand Canvas Products Co. v. Christy

The record shows both actions were instituted in the general county court on May 22, 1963. Whether they were instituted simultaneously does not appear. It does appear that the counterclaim of Christy against Kemp was filed (July 22, 1963) prior to the filing herein (July 29, 1963) of the counterclaim of Christy against Products Company.

The alleged causes of action of Products Company and of Kemp are separate and distinct. Thigpen v. Cotton Mills, 151 N.C. 97, 65 S.E. 750; Teague v. Oil Co., 232 N.C. 65, 59 S.E. 2d 2; S. c., 232 N.C. 469, 61 S.E. 2d 345. Under our decisions, if Products…