Eaton v. Downey

— Defendant appeals from a summary judgment entered against him on a promissory note. He urges 1, it was error to strike Division II of his answer, and 2, it was error to sustain the motion for summary judgment. Both propositions include the questions of whether his Division II and resistance and affidavit to plaintiff’s motion for summary judgment contained statements of fact rather than objectionable conclusions, and if facts are stated, do such constitute a defense. Both are argued.

Plaintiff brought this action on a promissory note, executed by defendant to plaintiff, dated November 9,…