Larocca v. Ofrias

SIMON, Justice.

Plaintiff, Mrs. Esther Lyons LaRocca, alleging herself to be the holder and owner before maturity of a certain promissory note, instituted this suit against the defendant, Mrs. Mary LaRocca Ofrias, as maker thereof, seeking judgment for its face value. The defendant admitted its execution but denies liability alleging lack of consideration and, in the alternative, its extinguishment.

The district court rendered judgment in favor of plaintiff, and the defendant appealed.

The record discloses that plaintiff acquired said note by judgment rendered in the succession proceedings, of…