Poppenga v. Cramer

WINANS, Justice.1

The issue presented to this court is whether there is a genuine issue as to failure of consideration to support a promissory note. The trial court concluded that there was no genuine issue of material fact and found plaintiff liable on the note as a matter of law. We find that this is not a proper matter for summary judgment; the order granting summary judgment must be reversed and the matter remanded for trial.

On a motion for summary judgment the movant has the burden of showing clearly that there is no genuine issue of material fact and that he is entitled to judgment as a…