Von Tonder v. Payne

Miller, Judge.

Having obtained a default judgment in a first suit concerning collateral for unpaid rent, John Payne brought a second suit against Jacob Von Tonder for conversion of the collateral by fraudulent conveyance. Von Tonder answered the complaint in this second suit. Payne then served him with requests for admission, but Von Tonder failed to respond to them within the 30 days allowed and did not ask for an extension of time. Payne then moved for summary judgment on the ground that Von Tonder’s failure to respond to the requests had the effect of admitting to all disputed issues…