Coral Gables, Inc. v. MacBroom

Per Curiam,

Plaintiff appeals from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense in an action of assumpsit. The statement of claim alleges plaintiff is the holder of defendant’s promissory note endorsed in blank by the payee before maturity. The affidavit of- defense admits the execution of the note but denies the obligation was acquired by plaintiff before maturity and sets up a failure of consideration.

It is not alleged that plaintiff purchased the note from a holder in due course and there are no endorsements on the instrument subsequent to…