Mann v. Leasko

Appellant, the purchaser and endorsee of a promissory note, brought this action seeking to enforce collection of the note and to foreclose a lien on real property given as security therefor. The trial court sustained certain personal defénses (fraud in the inducement and failure of consideration) which were interposed by respondents, makers of the note. The determinative questions are: (1) whether appellant is a holder in due course and, as such, entitled to immunity from such personal defenses, and (2) whether there is any evidence in the record to support findings to the effect that…