POLLOCK v. KELLY

No. C-48.

125 So.2d 109 (1960)

Herman POLLOCK, Appellant, v. Francis J. KELLY, as sole heir and beneficiary of the Estate of Katherine A. Kelly, deceased, Appellee.

District Court of Appeal of Florida. First District.

December 6, 1960.


Attorney(s) appearing for the Case

Duffett & Stainer, Daytona Beach, for appellant.

Walter A. Shelley, Daytona Beach, for appellee.


WIGGINTON, Chief Judge.

Appellee, as sole heir and beneficiary of the Estate of Katherine A. Kelly, deceased, brought suit on a promissory note given by appellant to appellee's decedent prior to her death. From a summary final judgment in favor of appellee this appeal is taken. It is contended that the pleadings, affidavits and exhibits on file before the court present a genuine issue of a material fact which should properly be resolved only by a jury on a trial of...

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