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Hall v. Prosero Inc.

The defendant failed to show a partial failure of consideration in the suit against him to recover on a promissory note, since there was no consideration wholly valueless as to any part of the note, but the consideration was instead simply allegedly inadequate in point of actual total value to the note.

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Lawrence W. Hall appeals the trial court’s grant of summary judgment to Prosero, Inc., formerly known as FacilityPro.com Corp. Prosero, on Prosero’s suit to recover on a promissory note executed by Hall. Hall contends on appeal that the trial court erred in granting summary judgment to Prosero when genuine issues of material fact remain as to whether the note suffered from a partial failure of consideration. For the reasons set forth infra, we affirm.

At the outset, we note that summary judgment is proper only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 And when ruling upon a motion for summary judgment, the opposing party must be given the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion.2 Thus, when we review the grant or denial of summary judgment, we conduct a de novo review of the law and evidence.3

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