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NAPOLI v. CAVALIER

No. 2603.

163 A.2d 824 (1960)

Teresa J. NAPOLI, Appellant, v. Daniel R. CAVALIER, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 21, 1960.

Attorney(s) appearing for the Case

I. Irwin Bolotin, Washington, D. C., with whom Martin Mendelsohn and Philip J. Lesser, Washington, D. C., were on the brief, for appellant.

Donald K. Graham, Washington, D. C., with whom Alec A. Pandaleon and Spencer & Whalen, Washington, D. C., were on the brief, for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

HOOD, Associate Judge.

This appeal is from a summary judgment for plaintiff in an action on a promissory note. The complaint alleged the execution of the note, and the answer admitted it but alleged lack of consideration and failure of consideration. The affidavits supporting and opposing summary judgment disclosed that the note was given in consideration of the transfer of 51% of the capital stock of a corporation.

Appellant's claim of lack of consideration...

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