Hurston v. Dealers Service Plan, Inc.

Smith, Judge.

This case is an action on a promissory note. The defendant admitted the execution of the note sued upon but set up affirmative defenses of res judicata or estoppel by judgment based upon a prior judgment in favor of defendant upon an action on a note of the same amount, and the defense that a new note and cash payment had been accepted by the plaintiff in settlement of, and in novation of, the note sued upon. Plaintiffs motion for summary judgment was sustained by the trial judge and defendant appeals. Held:

1. The defenses pleaded were sufficient to admit of proof in support…