Kelly v. Liddicoat

GOODELL, J. pro tern .

This is an appeal on the judgment roll alone from a summary judgment in an action brought upon three promissory notes.

The statutory affidavit which accompanied the notice of motion showed that the plaintiff’s assignor had sold certain corporate stock to the appellants and that the notes, aggregating $1125, had been executed by appellants to evidence the money obligation for the stock. Section 437e, Code of Civil Procedure, provides that “the answer may be stricken out and judgment may be entered, in the discretion of the court, unless the defendant, by affidavit or…