Helena Chemical Co. v. Rivenbark

VAUGHN, Judge.

The question presented is whether the court erred in allowing plaintiff’s motion for summary judgment against the defendants.

On 22 November 1976, plaintiff started this suit on a note in the amount of $25,029.26 executed by the male defendant on 31 December 1975. The note was under seal and was due on 31 August 1976. Defendant admits the execution and nonpayment of the note. The female is sued on a guaranty and also admits the authenticity of the document.

The defenses raised in defendants’ pleading were also set out in defendants’ affidavit filed 8 December 1978 in response to…