Arms Roofing Company v. Petrie

Plaintiff in error, Arms Roofing Company, Inc., will be referred to herein as Arms; defendants in error, Bert A. Petrie and Irene Petrie, as Petries and Allied Building Credits, Inc., as Allied.

Allied, as a holder in due course, commenced action against the Petries on a promissory note dated November 18, 1953, executed by the Petries and payable in installments to the order of Arms. The note originally had been given by the Petries as payment for a new roof on their home and was later assigned by Arms without recourse to Allied. The Petries secured an ex parte order of court to join Arms as a…