Standard Finance Co., Ltd. v. Ellis

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

Facts

Betty Ellis and her husband executed a $2,800 promissory note to Standard Finance Co. for which nothing was paid. Standard Finance sued for collection and was granted summary judgment by the trial court. Ellis appealed, arguing genuine issues of material fact existed regarding misrepresentation, duress, and lack of consideration.

Issue

The central issue is whether the trial court properly granted summary judgment, specifically if there were genuine issues of material fact concerning Ellis's defenses of misrepresentation, duress, or lack of consideration that would preclude such a judgment.

Holding

The court affirmed the summary judgment, holding that no genuine issues of material fact existed regarding Ellis's defenses of misrepresentation, duress, or lack of consideration, and thus, summary judgment was properly granted.

Rule

Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. For misrepresentation to void a contract, there must be excusable ignorance of the document's character and no reasonable opportunity to know its terms; duress requires actual physical compulsion. Consideration received by one co-maker binds the other.

Read the full opinion on CourtListener

Case brief last reviewed 2026-05-06. Prepared by CaseReader from the published opinion.