Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Callahan v. Cox

A question of fact remained as to whether 90-year-old Alzheimer's patient was competent to execute a cancellation note on a promissory note securing $40,400 loan to defendants.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Eugenia Cox, as Executrix of the estate of Pauline White, filed suit against David and Ann Callahan, alleging that the defendants defaulted on a promissory note to White. The Callahans answered, asserting that their obligations under the note terminated upon White’s death. The parties filed cross-motions for summary judgment, and the trial court found in favor of Cox. As we find the trial court erred in so ruling, we reverse. ” ‘Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.’ “ 1 In reviewing the grant of summary judgment, we apply a de novo standard of review, and we view the evidence, and all reasonable conclusions and inferences drawn therefrom, in a light most favorable to the nonmovant.2

Viewed in this manner, the record demonstrates that White worked as a real estate agent, and she had a long-standing business relationship with the Callahans. According to Ann Callahan’s affidavit, the relationship also developed into a friendship, with White visiting the Callahans, attending a family wedding, and discussing personal matters. Starting in 1989, White began lending the Callahans money, and the parties executed multiple promissory notes.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
ATTORNEYS -Cherry Hill and Middletown, NJ

Kent & McBride, P.C. a Civil Defense litigation firm with offices in both Cherry Hill, NJ and Middletown, NJ seeks to fill the following...


Apply Now ›
Appellate Division Clerk (Court Executive 3B)

When you come to work for New Jersey Judiciary you will join an 8500-member strong TEAM that operates with the highest standards of independ...


Apply Now ›
Director of Trial Court Services (Court Executive 4)

When you come to work for New Jersey Judiciary you will join an 8500-member strong team that operates with the highest standards of independ...


Apply Now ›
Go to Lawjobs