Commercial Bank of Lafayette & Trust Co. v. Barry

ROGERS, Justice.

Plaintiff sued on a promissory note for $8,711, subject to certain enumerated credits, interest, and attorney fees. The defendant is John C. Barry, and the note sued on is signed “J. C. Barry, Trustee,” and is payable on demand to the order of the Bank of Lafayette & Trust Company. Plaintiff alleges that, although the word “Trustee” appears after the signature of J. C. Barry, the said Barry is personally liable on the note. The defense is that plaintiff is not a holder of the note in due course and for a valuable consideration, and that the note itself, issued without…