Reeves v. Andersen

SMITH, Justice.

This is an appeal from a summary judgment dismissing appellant’s action on a promissory note. The trial court granted respondent’s motion for summary judgment on the ground, urged by respondent, “that there is no genuine issue of material fact to be determined with respect to Defendant’s [respondent’s] defense of the discharge in bankruptcy of the debt complained of in the complaint.” I.R.C.P. 56(c).

Appellant in his complaint alleges that on December 20, 1963, respondent executed and delivered to appellant his interest bearing promissory note in the principal sum of $475,…