Abbott v. Penrith

THOMPSON, Judge.

Earl Abbott appeals the final summary judgment entered against him on Craig Pen-rith’s claim for payment on a promissory note. We must reverse the summary judgment because the original note was not produced.

Penrith filed a complaint against Abbott seeking payment on a promissory note. The complaint explained that on July 27, 1989, Abbott executed and delivered to Aetna Bank a promissory note in the amount of $250,000. The complaint explained that Pen-rith was the assignee of Aetna Bank and Abbott had defaulted upon the note by failing to make timely payment. Attached to the…