(DOWNLOAD) "First National Bank Collinsville v. Irvin" by Missouri Court of Appeals St. Louis District ~ eBook PDF Kindle ePub Free
eBook details
- Title: First National Bank Collinsville v. Irvin
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 02, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appeal by Sybil Goldfarb from an order nunc pro tunc amending a memorandum of judgment to show judgment rendered against defendants (plural) instead of defendant (singular), and from an order overruling Sybil's motion to amend the permanent record to show judgment rendered against Irvin Goldfarb only and not jointly against him and her. First National Bank of Collinsville, Illinois sued I vin and Sybil on a promissory note for $15,000 alleging that defendant s executed the note; that defendant s promised to pay; that upon demand defendant s refused to pay; that defendant s still owe $15,000 plus interest and attorney's fee, and praying for judgment against defendant s. Process issued against both defendant s and was served upon both Irvin and Sybil. Attorney Susman filed an answer in which defendant s denied generally the allegations of the petition. Bank filed a request of defendant s for admission of facts and genuineness of documents. Bank moved for summary judgment, alleging that defendant s had failed to answer the request within the allotted time, attaching a supporting affidavit that Irvin and Sybil gave the note; that demand was made upon the Goldfarb s 1 for payment but they refused to pay either principal or interest. A March 12, 1970 memorandum styled the bank versus Irvin Goldfarb, et al, signed by attorney Susman and by the bank attorney, recites: Plaintiff's Motion for Summary Judgment heard and defendant s granted 30 days in which to file counter-affidavit; if counter-affidavit not filed, summary judgment to be granted in favor of plaintiff. No counter-affidavit was filed. Bank attorneys filed a notice, copy to Bernard Susman, Attorney for defendant s, styled the bank versus Irvin Goldfarb, et al, calling the motion for hearing on May 7, 1970. On the latter date the court rendered judgment. A memorandum of judgment, apparently in the handwriting of bank attorney, was filed, signed by the attorney and by the Judge, styled the bank versus Irvin Goldfarb, reciting: Summary Judgment granted in favor of Plaintiff and against Defendant in the amount of $25,781.50; Costs against Defendant. On the same day the court's book Abstracts of Judgments in Case No. 305009 shows summary judgment rendered against Irvin Goldfarb and Sybil Goldfarb in favor of bank. On the same day the permanent record book in Case No. 305009, captioned First National Bk. of Collin g sville, Ill., a corp., Plaintiffs vs Irvin Goldfarb & Sybil Goldfarb, Defendant s recites the submission and granting of the motion for summary judgment, followed by a formal entry of judgment against the defendant s, Irvin Goldfarb and Sybil Goldfarb in the sum of $25,781.50, with interest from that day and costs. On December 13, 1973 the following memorandum in Case No. 305009, styled the bank against Irvin Goldfarb, et al., signed by the same attorney and same Judge who signed the memorandum of May 7, 1970, was entered: Upon oral motion of plaintiff, judgment of May 7, 1970, ordered nunc pro tunc to be as follows: 'Summary Judgment granted in favor of Plaintiff and against Defendants in the amount of $25,781.50; Costs against Defendants. The permanent record book of December 13, 1973 repeats the correction nunc pro tunc of the entry of May 7, 1970 as above and restates in extenso the granting of the motion for summary judgment and the wording of the judgment against the defendants Irvin Goldfarb and Sibil Goldfarb and that said defendants are justly indebted * * *. Sybil Goldfarb moved to set aside the nunc pro tunc order and to correct the permanent record nunc pro tunc to show judgment against Irvin Goldfarb only and not against her. These motions were overruled and Sybil Goldfarb appealed.