Seabrooke v. Garcia

Plaintiff Joseph Sea-brooke appeals a summary judgment granted in favor of defendant Angelina Garcia. We reverse.

Facts

In August 1965, defendant Angelina Garcia along with her husband executed a promissory note secured by a land contract mortgage to Sam Ferrante. Immediately Ferranto assigned the note and mortgage to Security Acceptance Corporation which later assigned them to Av-co Security Corporation. In July 1968, Avco obtained a judgment on the note against Garcia. In August 1970, Angelina Garcia executed a rewrite note to Avco. This ostensibly was to replace the original note. Security…