Hutchinson, Anderson, Cox & Coons, P. C. v. Cronk

Defendant appeals from a judgment in favor of plaintiff on its action to recover on a promissory note executed by defendant. The trial court entered the judgment after it granted a directed verdict for plaintiff under ORCP 60 at the close of plaintiffs case.1 In his amended answer, defendant alleges several affirmative defenses, including real party in interest, waiver, laches, partial failure of consideration and complete failure of consideration. Those defenses could present factual issues, including whether the note was intended to secure payment for future legal services. See Thompson v.…