Andrews v. Cramer

The defendant, George C. Cramer, appeals from an order granting the plaintiff, Elaine C. Andrews, summary judgment on her complaint alleging breach of a loan contract. We consider: (1) whether the plaintiff admitted the defendant’s affirmative defense of usury when she failed to reply to the defense; and (2) whether there was a genuine issue of material fact on the usury defense which would preclude entry of summary judgment. For the following reasons, we reverse and remand.

The plaintiff filed a verified complaint against the defendant and Edward Cramer, who is not a party to this appeal,…