[DOWNLOAD] "Itt Commercial Finance Corp. v." by Supreme Court of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Itt Commercial Finance Corp. v.
- Author : Supreme Court of Missouri
- Release Date : January 20, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
This case raises important issues relating to summary judgment practice. Here, we consider which party bears the burden of
establishing the absence of genuine issues of material fact and a legal right to judgment when the party seeking summary judgment
is a "claimant" and the non-moving party has raised an affirmative defense. Plaintiffs, ITT Commercial Finance Corporation (ITT) and Mercantile Bank of St. Louis, N.A. (Mercantile), sued Mid-America
Maine Supply Corporation (Mid-America), their debtor, and George Walker, William Rice and Scott Evert, guarantors of Mid-America's
debts. The trial court sustained motions by ITT and Mercantile for summary judgment on their claims against Evert and against
Evert on his counterclaims. Evert appealed. The Court of Appeals, Eastern District, affirmed. We granted transfer, Mo. Const.
art. V, § 10, and now affirm.