Maurer v. Hahn

The opinion of the court was delivered by

Parker, J.

Under section 15 of the Practice act of 1912 (Pamph. L., p. 377) and rule 80 of this court, the Circuit Court ordered a summary judgment in favor of the plaintiff as holder, and against the defendant-appellant as an “outside endorser” of a promissory note bearing the signature of one Morez Potocker (afterwards adjudged a bankrupt) as maker and reading to the plaintiff as payee. As we conclude that plaintiff was not a “holder in due course” in the intendment of the Negotiable Instruments act, and that the entry of a summary judgment was…