Branch Banking and Trust Co. v. Creasy

MARTIN (Harry C.), Judge.

We hold the entry of summary judgment for plaintiff was error. The rules and procedures governing motions for summary judgment should now be familiar learning. They are well expressed in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971), and it would serve no useful purpose to restate them here.

Plaintiff on the hearing for summary judgment produced the guaranty, admittedly signed by defendant. Then, through the witnesses Miller and Margaret Creasy, plaintiff produced evidence showing nondelivery of the guaranty by defendant, or her attorney Miller, to…