Bradley v. First National Bank of Sudan

ELLIS, Chief Justice.

This is an appeal from a summary judgment rendered in favor of First National Bank of Sudan, plaintiff-appellee, against *274Bill Bradley, defendant-appellant, on a promissory note. We reverse and remand this cause for trial for the reasons that (1) neither the original nor a sworn or certified copy of the note was before the court and (2) there was no summary judgment proof that plaintiff-appellee was the owner and holder of the note.

Appellee, as payee, filed its unsworn petition seeking recovery against the appellant, as maker, on a promissory note. In such petition…