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SINGER v. STRAUSS

No. 92CA0037.

851 P.2d 256 (1993)

Robert M. SINGER, Plaintiff-Appellant, v. Arthur M. STRAUSS, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

March 11, 1993.

Attorney(s) appearing for the Case

Raymond J. Miller, Denver, for plaintiff-appellant.

Martin D. Brown, Littleton, for defendant-appellee.

Opinion by Justice HODGES*.

Plaintiff, Robert M. Singer, appeals from the summary judgment entered in favor of defendant, Arthur M. Strauss. We reverse and remand with directions.

In November 1989, defendant executed a promissory note for approximately $60,000 which was secured by a deed of trust. In May 1990, defendant made a payment on the note with a check in the amount of $10,900. The check was returned for insufficient funds...

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