Alropa Corporation v. Myers

LEAHY, District Judge.

Defendant moves under Rule 12(b) and (h), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for dismissal of the complaint. Plaintiff moves for summary judgment under Rule 56.

The action is based on nine promissory notes, dated June 2, 1925, each for $281.25, bearing 8% interest and a 10% attorney’s fee. Three of the notes are payable June 2, 1926, three payable December 2, 1926, and three payable June 2, 1927. Defendant and John G. Myers, Sr., executed and delivered the notes to Tropical Development, a Florida corporation, as part consideration under…