People's Trust Co. v. Searles
| Decision Date | 18 January 1985 |
| Docket Number | No. 82-290-A,82-290-A |
| Parties | PEOPLE'S TRUST CO. v. James K. SEARLES. ppeal. |
| Court | Rhode Island Supreme Court |
This appeal from summary judgment entered against the defendant, James K. Searles, in the Superior Court began as an action to recover payments alleged due the plaintiff, People's Trust Co. (the bank), for purchases and charges incurred on the defendant's Visa credit card. We affirm the judgment entered below.
On February 22, 1982, the bank filed a complaint in the District Court, alleging that prior to February 15, 1982, it had issued a Visa credit card to James K. Searles and that "certain purchases were made and/or money advanced" by use of the credit card amounting to $1,544.55. The bank alleged that according to the terms of the standard Credit Card Agreement, defendant was liable for the full amount of purchases plus interest, finance charges, and reasonable attorneys' fees.
The defendant's answer asserted as a fourth defense that a replacement credit card had been stolen in June of 1981, that the bank had been notified, and that therefore he had no liability for charges made on the card after that date.
The bank moved for summary judgment and filed an affidavit, stating that "between August 1978 and March 1982 certain purchases were made and/or money advanced by use of said card amounting to $1544.55" and that defendant was liable on this amount plus interest and other charges. The defendant filed an affidavit in opposition, stating that his "Visa card was stolen in June of 1981 and that charges here in question were incurred mainly after that date by the unauthorized use of said card of which the bank had notice."
The bank then filed a supplementary affidavit, acknowledging defendant's notification that the card was stolen in June of 1981 but stating that "all charges that are the subject of this complaint were made prior to the theft." This affidavit also listed the forwarding balance and charges from the bank's statements of May and June of 1981 that were the subject of the action.
The District Court entered an order for summary judgment for the bank in the amount of $1,970.33, which included costs, interest, and attorneys' fees. The defendant appealed to the Superior Court.
In support of its motion for summary judgment in Superior Court, the bank filed a memorandum, restating the position and facts contained in the supplementary affidavit previously filed. The defendant filed an affidavit of defense, stating, ...
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