Empire Finance Service, Inc. v. Western Preferred Life Insurance Co.

OPINION

WILSON, Justice.

The only question in this summary judgment appeal is whether plaintiff’s proof is sufficient to establish as a matter of law the amount of offsets to which defendant is entitled so as to show there is no genuine issue of material fact. In our opinion the proof will not authorize summary judgment, and we reverse.

Plaintiff sued on a note and a debenture. All issues concerning these instruments, except the amount due, are undisputed. Recovery by plaintiff is otherwise authorized thereon. The original petition was verified by the affidavit of plaintiff’s attorney. It made…