Commerce Acceptance of Oklahoma City, Inc. v. Henderson

BERRY, Justice.

Plaintiff in error, as alleged assignee and holder in due course, sued defendants in error for the balance due upon a note. Defendants denied execution of any note such as that sued upon, and further plead failure of consideration, fraud and misrepresentation. A jury trial resulted in a verdict for defendants, upon which the judgment appealed from was rendered.

The petition alleged defendants’ execution and delivery of their note for $660.96 to Superior Products, Inc. on January 30, 1961, assignment of this note to plaintiff, defendants’ subsequent default and failure to pay…