NationsBank of Virginia, N.A. v. Barnes

By Judge Thomas D. Horne

This matter is before the Court on Plaintiff’s Motion for Partial Summary Judgment. Defendants have filed a Grounds of Defense, asserting certain affirmative defenses to liability. Plaintiff argues that it is entitled to partial summary judgment. As discussed more fully below, Plaintiff’s motion will be granted in part and denied in part. The Court will address Defendants’ affirmative defenses as they relate to each note specifically and to both notes in general.

I. Count 1 — The 1989 Note

The following facts are undisputed with respect to the 1989 Note, which is the…