Henderson v. Caughran

Deen, Presiding Judge.

In August of 1980, D. L. Henderson executed a promissory note in the amount of $5,000 in favor of Essie Allan Gooding. The note was never called or paid during Gooding’s lifetime, and after her death her executors brought suit on it. Appellees filed a motion for summary judgment, and the court below found that no genuine issue of material fact existed as to the defendant’s liability on the note because he failed to make timely response to the plaintiff’s motion for summary judgment. The court also held that summary judgment was granted as to certain issues which were not…