Greenberg v. Morris

HOLMAN, Chief Justice.

In this action plaintiff sought to recover the alleged balance due on a $25,000 promissory note. The makers of the note, Sam Morris and Mary Morris, were the original defendants. Sam died before the case was tried and Mary, as executrix of his estate, was substituted in his stead. Mary subsequently remarried and is now known as Mary Sticklen. Defendants pleaded that the note was originally issued without any consideration and that plaintiff was not a holder in due course. They also filed a counterclaim in which the relief sought was an order cancelling said note. A jury…