Exchange Bank & Trust Co. v. Tamerius

This is an action to collect the unpaid principal and interest thereon of a promissory note. Plaintiff filed a motion for summary judgment which was sustained. Judgment was entered for plaintiff in the sum of $8,840.60 with interest at the rate of 12.83 percent per annum from May 18, 1976, until paid. Defendants filed a motion for a new trial which was overruled and now appeal. We affirm the judgment of the District Court.

Defendants contend that it was error for the District Court to grant plaintiff’s motion for summary judgment. A motion for summary judgment should be granted only where…