Bradbury v. Writing Sales, Division of Matex, Inc.

Banke, Chief Judge.

The appellee sued to collect a promissory note executed by the appellant in the principal amount of $35,511.10. The appellant’s answer raised numerous defenses, among them failure of consideration, accord and satisfaction, and fraud. The appellee moved for summary judgment on the basis of the “pleadings and admissions on file,” and the trial court ruled as follows: “[T]he original promissory note bearing the signature of the [appellant] having been offered to the court and there being no evidence of fraud in the making of the promissory note or that the signature of the…