Hubert v. Lotz

In an action to recover moneys loaned by plaintiff to defendant, and not repaid on demand, order-granting plaintiff’s motion for summary judgment and judgment entered thereon, reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. The evidentiary facts set forth by plaintiff are insufficient to warrant summary judgment. Johnston, Acting P. J., Adel, Wenzel. MaeCrate and Schmidt, JJ., concur.