General Tire & Rubber Company v. Solomon

Bell, Chief Judge.

The plaintiff as payee sued to recover upon two notes. Motions for summary judgment were made by both parties. The defendant’s motion was granted and the plaintiff’s was denied. The denial was certified for direct appeal. Held:

1. In his answer to the complaint the defendant pleaded failure of consideration. The two notes involved, which are attached to the complaint, contain the words "We promise to pay” and were purportedly executed by "Barclay Furniture Manufacturing Co., Inc.,” by its president, Abraham Solomon, and also by the defendant Abraham Solomon in his individual…