Martin v. Defendefer (In re Butcher)

MEMORANDUM

RICHARD S. STAIR, Jr., Bankruptcy Judge.

At issue is whether the maker of a note with a claim against the original payee can set off that claim against an assignee where the original payee filed bankruptcy before notice of the assignment was given to the maker. Contending that plaintiff is not a holder in due course, defendant, the maker of the note, insists plaintiff holds the note subject to all defenses which would be available in an action on a simple contract. Tenn. Code Ann. § 47-3-306(b) (1979). Plaintiff concedes he is not a holder in due course but insists an absence of…