8 Mass. App. Ct. 942 | Mass. App. Ct. | 1979
The defendants challenge on appeal the correctness of an order of a District Court judge, sitting by designation in Superior Court, granting the plaintiffs’ motion for summary judgment. We conclude that summary judgment was properly entered.
The judge correctly ruled that all the matters presented by the defendants in opposition to the plaintiffs' motion for summary judgment “involve legal issues that may be resolved on the pleadings and affidavits or are not supported by any facts set forth in any of the affidavits or exhibits presented [in accordance with Mass.R.Civ.P. 56(e), 365 Mass. 825 (1974)] to the Court.”
Based on the stipulation offered by the parties, relevant pleadings and the application of settled principles (see Noyes v. Quincy Mut. Fire Ins. Co., 7 Mass. App. Ct. 723,725-726 [1979]), it is apparent that there is only one issue raised by the defendants which deserves detailed treatment - whether the defendants signed the note solely as accommodation parties for the plaintiffs’ benefit. See G. L. c. 106, § 3-415.
We think this case is controlled in all material respects by Community Natl. Bank v. Dawes, 369 Mass. 550, 553-556 (1976). The defense is bottomed on the “principle that one who draws or indorses
Judgment affirmed.