American National Bank v. Knab Co.

GRUBB, District Judge.

This case is before the court on plaintiff’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. on the ground that there is no genuine issue as to any material fact and that the affirmative defenses asserted by defendants are insufficient as a matter of law.

The action is for recovery of monies due the plaintiff from the defendants in accordance with the terms of a certain promissory note dated February 4, 1957, executed by the defendant The Knab Co., Inc., hereinafter referred to as the defendant company, as maker, and by…