Legal Opinion

Townsend v. Bentley

Court of Appeals of North Carolina

Decided June 1, 1982No. 8125DC711Published

1Opinion of the Court

WEBB, Judge.

The plaintiffs have by affidavit shown that the defendants executed a note to plaintiffs and $2,300.00 is due on the note. The note was incorporated into the complaint and was considered by the court in determining the motion for summary judgment. The only part of the plaintiffs’ evidence that depends on the credibility of the plaintiffs as witnesses is the plaintiffs’ statement that *583the note was executed and the payments that were made by the defendants. The plaintiffs’ testimony by affidavit is not inherently incredible and is neither self-contradictory nor susceptible to…

2Cases cited3 opinions

  1. Kidd v. EarlySupreme Court of North Carolina · 1976
  2. Twin City Apartments, Inc. v. LandrumCourt of Appeals of North Carolina · 1980
  3. Barber v. . EdwardsSupreme Court of North Carolina · 1940

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