Gray v. American Express Co.

CLARK, Judge.

Plaintiff brings forward two assignments of error. The first contends that the court committed error in granting defendant’s motion for summary judgment. Summary judgment may not be granted if there is any genuine issue as to any material fact. N.C.R. Civ. P. 56(c). Defendant argued that the checks were incomplete and therefore unenforceable as a matter of law. Plaintiff apparently contends, in part, that he met the burden of raising an issue as to whether the date and name of payee were necessary to complete the instrument by introducing the affidavit of J. Edgar Booth which…