United States v. Wimbley

JOHN E. MILLER, District Judge.

On January 20, 1954, plaintiff filed its complaint against defendants seeking to recover the balance due on a promissory note allegedly executed by defendants and then in the hands of plaintiff, who had purchased the note from a holder in due course.

Defendants on March 4, 1954, filed their answer, admitting the execution of the note but alleging fraud on the part of the payee, S. L. Kay, d/b/a Arkansas Home Building & Repairing Company, in procuring the execution of the note. Defendants further alleged that Allied *692Building Credits, Inc., to whom Kay negotiated…