Garrett v. . Love
Supreme Court of North Carolina
Civil, ActioN tried at Spring Term, 1883, of Haywood Superior Court, before Avery, J. The action was begun before a justice of the peace and brought by appeal to the superior court.
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Civil, ActioN tried at Spring Term, 1883, of Haywood Superior Court, before Avery, J. The action was begun before a justice of the peace and brought by appeal to the superior court. The plaintiff complained that the defendant was owing him §130, clue by note, dated February 1st, 1866, and that no part of the samo liad been paid, except-the sum of $50 on May 25th, 1870, $25 on May 5th, 1871, and $17.50 on May 28th, 1873. The defendant, admitting the execution of the note, set up the following defence; That he and oue Rogers were partners in the mercantile business under the name of Love &…
1Opinion of the CourtAshe, J.
From His Honor’s ruling upon the motion of the defendant for judgment, we presume he considered the defence set up to be setoff and not a counterclaim, and in this we think there is error.
Since the distinction between the forms of actions at law and suits in equity has been abolished, the defendant may set up as many defences of new matter or as many counterclaims as he may have, whether legal or equitable, The Code, §245; provided, however, they are such causes of action as are defined in subdivisions one and two of section 244. The counterclaim here set up is clearly one of the class…
2Cases cited1 opinion
- Hall v. . Commissioners of GuilfordSupreme Court of North Carolina · 1876
3Cited by11 opinions
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
- EAST COAST OIL COMPANY v. FairCourt of Appeals of North Carolina · 1968
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