Callahan v. Cox

Ruffin, Chief Judge.

Eugenia Cox, as executrix of the estate of Pauline White, filed suit against David and Ann Callahan, alleging that the defendants defaulted on a promissory note to White. The Callahans answered, asserting that their obligations under the note terminated upon White’s death. The parties filed cross-motions for summary judgment, and the trial court found in favor of Cox. As we find the trial court erred in so ruling, we reverse.

“ ‘Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.’ ’1 In…