Hackin v. First National Bank of Arizona

BERNSTEIN, Vice Chief Justice.

Appellants, hereinafter called defendants, appeal from an order of the Maricopa County Superior Court granting summary judgment to appellee, hereinafter called plaintiff.

Construing the facts in defendants’ favor, Arizona Coffee Shops, Inc. v. Phoenix Downtown Parking Ass’n., 95 Ariz. 98, 387 P.2d 801, it appears that on April 6, 1962, defendant H. S. Hackin borrowed $10,000 from plaintiff and executed a 90-day promissory note due July 5, 1962 and bearing an interest rate of 6j4% payable at maturity. Approximately one week before the July 5th due date, defendant…