Capitol Bank & Trust Co. v. Pre-Schools, Inc.

The defendant claims to be aggrieved by the allowance of the plaintiff’s motion for summary judgment. We conclude that there was error.

The moving party must demonstrate “that there is no genuine issue as to any material fact and that [he] is entitled to a judgment as a matter of law.” Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974). See Community Natl. Bank v. Dawes, 369 Mass. 550, 554 (1976). The instant case resembles Community Natl. Bank only to the extent that the plaintiff seeks to recover on promissory notes. Contrary to the situation in that case, the present defendant, by the affidavit of…