Clarks Fork National Bank v. Papp

Clarks Fork National Bank (Bank) sued in the Thirteenth Judicial District, Carbon County, to recover on a delinquent promissory note. Summary judgment was granted in favor of the Bank against Ellak Papp and Violet Papp, husband and wife, for $24,059,59, plus attorney fees, costs of suit and interest. The Papps appeal from this summary judgment. We reverse.

The only issue is whether there was a genuine issue of material fact regarding the promissory note which precluded summary judgment.

The record before us includes an unverified complaint, an unverified answer, and affidavits by the Bank…