Russell v. Universal Acceptance Corporation

QUINN, Associate Judge:

Appellee instituted this action to recover the balance due on a promissory note executed by appellant for the purchase of a wig and services from Wigtyme, Inc. Appellant answered alleging that she was not indebted to appellee since there had been a failure of consideration. The trial court found, however, that appellee was a holder in due course and awarded judgment for the amount in default. Appellant challenges the decision of the court.

Appellant purchased the wig in March 1963. The price was $336 and included Wigtyme’s promise to provide forty-eight “servicings” over…