Commercial Mortgage & Finance Corp. v. North American Investors, Inc.

Frankum, Judge.

Commercial Mortgage & Finance Corporation sued North American Investors, Inc. on a promissory note. As finally amended, the petition shows that the promissory note sued on, while otherwise in the usual form, contained a “Notice of Subordination Agreement” incorporated therein as a part thereof which stated that the note was given subject to the provisions of a subordination agreement “of this date” between the maker and the payee. Insofar as is material to an understanding of the rulings here made, the subordination agreement, to which the note sued on is claimed to be subject,…