Union Trust Co. v. Jackson

The defendants appeal from the granting of a summary judgment in favor of the plaintiff in an action to collect a loan evidenced by an unsecured promissory note payable on demand. The defendants claim on appeal that the trial court improperly granted the plaintiffs motion for summary judgment because genuine issues of material fact exist that would preclude judgment for the plaintiff as amatter of law. The dispositive issue is whether there is a genuine issue of material fact as to whether there was an oral agreement by the *415parties to modify the terms of the promissory note, and, if so,…