Lewis v. Opstein

Connolly, Judge.

I. INTRODUCTION

This appeal arises from a motion for summary judgment filed in the trial court by the appellees, who were the assignees of a promissory note signed by the appellant, who had refused to pay off the note. The appellant argued that the appellees were not holders in due course because they had taken the note with notice of a claim against it. In support of their motion for summary judgment, the appellees filed affidavits stating that they had taken the note without notice of any claim against it. The trial court found that because the appellant had failed to adduce…