Prudential Savings Bank v. Tomassone

Plaintiff moves for summary judgment in an action based upon a promissory note. Plaintiff contends that it is a holder in due course and that the defenses and facts submitted by the defendants, may not be chargeable to this plaintiff.

The note in question was given by the defendants to the Amalgamated Construction Co., Inc., hereinafter designated as Amalgamated. It was purportedly given in payment of an obligation which arose under a contract made by the defendants with the said Amalgamated for certain improvements on the home owned and occupied by said defendants. The defense herein…