PAYNE v. MUNDACA INV. CORP.

No. 72A01-9007-CV-284.

562 N.E.2d 51 (1990)

Orville PAYNE, Appellant (Defendant below), v. MUNDACA INVESTMENT CORPORATION, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

November 7, 1990.


Attorney(s) appearing for the Case

Joseph Leon Payne, Austin, for appellant.

Kathryn L. Pry, Charles M. Friedman, Mapother & Mapother, Jeffersonville, for appellee.


ROBERTSON, Judge.

Orville Payne (Payne) appeals from partial summary judgment entered against his assertion of certain affirmative defenses and also from judgment of foreclosure based upon his promissory note, which had been assigned to Mundaca Investment Corporation (Mundaca). We affirm in part and reverse in part.

Mundaca filed a complaint on a promissory note and requested foreclosure based upon its allegation that Payne had executed and delivered the note...

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