Spanierman v. Spanierman

Plaintiff, father of the defendant, moves for summary judgment on his action to recover the balance allegedly due him on a loan made to his son some years ago.

Resolving as we must all disputed factual issues in favor of the party resisting summary judgment, the facts for the purposes of this motion are as follows.

On February 1, 1965, the father lent $5,000 to his son in response to a request for the money in order to purchase a painting for resale. A check was drawn at plaintiff’s request on the bank account of the Savoy Art and Auction Galleries (Savoy), a business owned by plaintiff, and…