Galusha Stove Co. v. Pivnick Construction Co.

The complaint alleges the transfer of the note in question to the plaintiff for value and before maturity. The answer denies the transfer for value and sets up an agreement between the original parties to the note to repair or replace any gas ranges and gas stoves that were not in good condition. On the motion for summary judgment the plaintiff alleges that the note was transferred for value received and without notice of any fact tending to impair or affect the validity thereof. The defendants meet this allegation by the statement that the plaintiff took the note “ with knowledge ” of the…