Aviation Ventures, Inc. v. Joan Morris, Inc.

OPINION

By the Court,

Rose, J.:

This is an appeal from a district court order granting respondent’s motion for summary judgment in an action to recover on a promissory note. We conclude that the district court improperly granted respondent’s motion for summary judgment before the development of the record through discovery. We also conclude that insolvency is not a requirement to obtain a setoff. Inasmuch as our decision in Campbell v. Lake Terrace, Inc. 1 requires the insolvency of one of the parties to assert a setoff, that case is overruled.

FACTS AND PROCEDURAL HISTORY

In the early summer of…