Glen C. Freeby v. The North Denver Bank

Fifth Circuit

Glen C. Freeby v. The North Denver Bank

394 F.2d 149, 1968 U.S. App. LEXIS 7054

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 7, 1968

Docket25393

StatusPublished

Cited by3 cases

This text of 394 F.2d 149 (Glen C. Freeby v. The North Denver Bank) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glen C. Freeby v. The North Denver Bank, 394 F.2d 149, 1968 U.S. App. LEXIS 7054 (5th Cir. 1968).

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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.

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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.

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394 F.2d 149, 1968 U.S. App. LEXIS 7054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glen-c-freeby-v-the-north-denver-bank-ca5-1968.

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