Honolulu Federal Savings & Loan Ass'n v. Murphy

OPINION OF THE COURT BY

TANAKA, J.

In an action involving the collection on a promissory note and the enforcement of a guaranty for the repayment of the note, defendant Grant E. Marsh (Marsh), the guarantor, appeals the summary judgment in favor of plaintiff Honolulu Federal Savings and Loan Association (Honfed), the payee on the note. Since there are genuine issues of material fact regarding a defense raised by Marsh, we hold that the lower court improperly granted the summary judgment. We therefore vacate the judgment and remand the case for further proceedings.

I. FACTS

On September 28, 1984,…