Whitehurst v. Corey

GREENE, Judge.

In his verified complaint, plaintiff alleged defendants had defaulted on a promissory note executed in the original amount of $11,000. Plaintiff attached a copy of the promissory note to his complaint. Having alleged his acceleration of the balance due, plaintiff therefore claimed $8,000, plus interest and attorney’s fees. In response, defendants’ verified answer conceded execution of the note but alleged defendants had relied on plaintiffs performance of certain fiduciary duties in executing the note. Defendants claimed plaintiffs alleged breach of those duties constituted a…