Luders v. Pummer

This is an appeal by defendant from a summary judgment.

Plaintiff brought this action to recover on a promissory note in favor of Harry Luders, plaintiff’s husband, for $3,000 executed by defendant in May, 1955. In June, the payee, Harry Luders, assigned the note to himself and his wife, plaintiff herein, as joint tenants. In the following November, Harry Luders passed away and plaintiff thereupon became vested with title to said note. She filed suit on the note on April 5, 1956.

Defendant answered, setting up a counterclaim consisting of two items: (1) a promissory note for $1,000 dated July…