Huitt v. Smith

ROBERTS, J., Pro Tempore.

Plaintiff filed a complaint alleging that defendant is indebted to plaintiff in the amount of $4,000 and asked for a judgment for that amount plus interest. Plaintiff was granted summary judgment, and defendant appeals. We reverse.

Defendant’s answer admitted that he borrowed the money from plaintiff but alleged that “during the month of March, 1979, defendant gave to Bonnie Ann Smith, his wife and the sister of plaintiff, $4,000 to be paid to plaintiff in payment of the money loaned to defendant and defendant was never informed that the money was not paid to…