Perry v. Schlaikjer

The defendant, maker of a note endorsed in blank by the payee, appeals from a summary judgment granting recovery on that note to the plaintiff who (as appears from the defendant’s affidavit) bought the note (together with other instruments) from the Federal Deposit Insurance Corporation as liquidating agent of Surety Bank and Trust Company (bank) under a decree by a single justice of the Supreme Judicial Court “permitting sale and compromise of notes and mortgages and sale of collateral.” The defendant in his affidavit asserts a claim against the payee for misrepresentations made subsequent…