Financial Associates v. Impact Marketing Inc.

Plaintiff, an alleged holder in due course, moves for summary judgment in an action on two checks. Judgment is sought against a corporation and the individual drawer. The question to be determined is whether the drawer who signed the checks without indicating his representative capacity can be held personally liable.

The checks were the last two of a series of six postdated checks. All of the checks were purchased at a discount by the plaintiff from the payee. Four were paid and payment stopped on the last two,

It appears that the checks were given to the payee for legal services to be…