McAnsh v. Blauner

Plaintiff appeals from an order denying his motion for summary judgment under rule 113 of the Rules of Civil Practice. The action is upon a promissory note bearing interest at the rate of eight per cent per annum, made and payable at Sarasota, Fla. It appears without contradiction that the note was given pursuant to a written contract as part consideration for the purchase of real estate in Florida and that by the law of Florida eight per cent is the legal rate of interest. The over-technical, dilatory and unsubstantial contention of the defendant that summary judgment should not be ordered…