Millrose Corporation v. Calvin P. Brent, Millrose Corporation v. Barbara E. Hicks

FAHY, Circuit Judge.

These two appeals, consolidated in this court, are from judgments of the District Court cancelling two promissory notes and two deeds of trust securing them. These instruments were given by appellees, respectively, to Consolidated Engineering and Distributing Company of America. The notes came into the ownership of appellant as a holder in due course. Appellees sued for their cancellation as void because obtained by the payee, the Consolidated Company, by its fraud in procuring their execution, not attributable to the negligence of appellees. If so the instruments amounted…