Kaufman v. International Harvester Company

TERRELL, J.:

J. H. Kauffman executed his conditional sales note due in four installments to Orange Belt Truck and Tractor Company. Before any of the installments were due, the note was assigned to International Harvester Company. Kauffman failed to pay installments one and two when due so in March, 1942, the assignee of the note brought a common law action to recover the full amount of the note with interest and attorney’s fees. At the trial, the court instructed a verdict for the plaintiff, on which final judgment was entered and defendant appealed.

Two questions are urged: (1) Was the note…