Norfolk County Trust Co. v. Vichinsky

The defendant, Neal M. Vichinsky, is an officer of a corporation whose promissory note drawn to the order of the plaintiff bank is in default. The plaintiff contends that the defendant is personally liable on the note on the basis of his unqualified signature on its reverse side. The plaintiff produced the note; the genuineness of the signatures thereon is not in dispute. See G. L. c. 106, § 3-307(2). The burden was then placed upon the defendant to disprove liability. Carleton Ford, Inc. v. Oste, 1 Mass. App. Ct. 819 (1973). Following the plaintiff’s motion for summary judgment…