Chase Manhattan Bank v. Marger

CARROLL, Judge.

This is an action on a promissory note, filed in the circuit court in Dade County by the appellant Chase Manhattan Bank claiming as a holder in due course, against the maker. The defendant filed an unsworn answer, admitting execution of the note and pleading want of consideration.

Before trial the defendant moved for summary judgment. In support of the motion the defendant made and filed two affidavits, one of which stated that no consideration was received for the note. The motion was denied.

At trial the plaintiff produced the note, the execution of which had been admitted, but…