The plaintiff brought a motion for summary judgment to recover $52,700, representing the balance of $75,000 advanced to the defendants.
The plaintiff argued the funds were a loan, while the defendants claimed they were an investment in a third-party scheme that ultimately failed.
Applying the summary judgment framework, the court found no genuine issue requiring a trial, determined that the funds were advanced as a loan, and granted judgment in favour of the plaintiff for the full amount claimed.
