Hunt v. Smith

KENNETH W. SHRUM, Presiding Judge.

In this suit over a promissory note, Charlotte L. Hunt (“Plaintiff’) appeals from a summary judgment that ordered her to pay the note balance to James 0. Smith, Sr., and James 0. Smith, Jr., (“Defendants”) on Count I of their counterclaim. We affirm.

On June 11, 1997, the parties commenced trial on the following claims. Plaintiffs two-count petition sought equitable relief. Count I sought a declaration that a promissory note given by Plaintiff to Defendants was “invalid and unenforceable” because Defendants gave no consideration for the note. Plaintiff alleged…