Massachusetts Supreme Judicial Court
Federal Deposit Insurance Corporation vs. Frank Csongor
April 26, 1984391 Mass. 737
Summary
The court affirmed summary judgment for the FDIC because the bank records, cancelled checks, tracing file, and the defendant's deposition established an unpaid debt underlying the renewed note. The defendant's dispute over the authenticity of his signature on the 1972 note did not create a material factual issue because liability could arise from the underlying obligation independently of the instrument. The court resolved the appeal solely on State law grounds and expressed no opinion on the federal-law issues addressed below.
Holding
- Whether the plaintiff presented sufficient evidence of an unpaid debt underlying the 1972 note.. The plaintiff established a prima facie case of an unsatisfied underlying debt through authenticated business records and the defendant's sworn deposition testimony, and the defendant failed to raise a genuine issue of material fact concerning that debt.
- Whether the signature dispute and related assertions defeated summary judgment.. The defendant's dispute over the authenticity of the signature on the 1972 note did not present a material factual issue because the plaintiff could recover on the underlying debt apart from the note itself.
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