First National City Bank v. Metal Trading Co.

ATKINS, District Judge.

• This matter is before the Court on plaintiff’s motion for summary judgment. The Court has had the benefit of extensive briefing of the issue of the applicability of the parol evidence rule to defendant’s alleged affirmative defense of failure of consideration and is fully apprised in the premises.

Plaintiff has sued defendants to collect on various notes and guaranties which were admittedly executed and delivered by defendants to plaintiff. As an affirmative defense, defendants allege that although the notes are valid on their faces, there was no consideration passing…