Lincoln National Bank v. Kaufman

OPINION AND ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF

CORNELIA G. KENNEDY, District Judge.

Plaintiff has moved for summary judgment in this action, which seeks the unpaid balance due on a note together with interest, costs and attorney’s fees.

Many of the facts do not appear to be in dispute, although there is some difficulty with whether the facial record sufficiently establishes certain facts to permit the Court to grant summary judgment. Defendant’s response to the motion maintains that there are material facts in dispute.

On November 1,1973 defendant signed a note, payable to plaintiff on…