Glen C. Freeby v. The North Denver Bank

U.S. Court of Appeals for the Fifth Circuit
Glen C. Freeby v. The North Denver Bank, 394 F.2d 149 (5th Cir. 1968)
1968 U.S. App. LEXIS 7054

Glen C. Freeby v. The North Denver Bank

Opinion

PER CURIAM:

This appeal is from a summary judgment rendered in a suit on a promissory note for a liquidated sum. The execution, delivery and validity of the note were not questioned. The defense was payment. Following the completion of discovery proceedings the bank moved for summary judgment on the ground that the note had not been paid.

The memorandum opinion filed by the District Court in connection with the grant of the motion for summary judgment contains a full statement of the issues, facts and law. The record affirmatively discloses that the note had not been paid. The court did not err in granting summary judgment. There was no genuine issue as to any material fact and the bank was entitled to judgment as a matter of law. Shahid v. Gulf Power Company, 5 Cir., 1961, 291 F.2d 422, reh. den., 298 F.2d 793 (1962).

Affirmed.

Reference

Full Case Name
Glen C. FREEBY, Appellant, v. the NORTH DENVER BANK, Appellee
Cited By
3 cases
Status
Published