Standard Finance Co., Ltd. v. Ellis

657 P.2d 1056 · Hawaii Intermediate Court of Appeals · 1983

Facts

Defendant Betty Ellis appealed a summary judgment for Standard Finance Co. on a promissory note she co-signed with her then-husband. She alleged genuine issues of material fact regarding holder in due course status, misrepresentation, duress, and lack of consideration, all of which the trial court rejected.

Issue

Was the granting of summary judgment proper when the defendant claimed defenses of misrepresentation, duress, and lack of consideration, despite the plaintiff having "dealt" with her and explained the note's terms?

Holding

The court affirmed the summary judgment, holding that no genuine issues of material fact existed regarding the defendant's asserted defenses of misrepresentation, duress, or lack of consideration.

Rule

Summary judgment is proper when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. Misrepresentation and duress defenses require specific conditions, such as "fraud in the factum" or direct involvement by the plaintiff, to void or void a contract. Consideration received by one co-maker is sufficient to bind the other.

Read the full opinion on CourtListener

Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.