Guinness Import Co. v. DeStefano

The plaintiff (Guinness) brought suit on a promissory note for $228,000 and, having produced the note and established the genuineness of DeStefano’s signature thereon, cast on DeStefano the burden of establishing a defense. See G. L. c. 106, § 3-307(2); Coupounas v. Madden, 401 Mass. 125, 129 (1987). In effect, this meant that Guinness was entitled to summary judgment under Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974), unless DeStefano, by proper affidavits or otherwise, “set forth specific facts showing that there [was] a genuine issue for trial.” Mass.R.Civ.P. 56(e), 365 Mass. 825 (1974).…